Criminal record checks

CRC at basic disclosure level is required to meet the requirements of a background check.

Applications for CRCs, returned in the form of a criminal record certificate, can be made by individual employees or on behalf of a group of employees by an employer or agency (provided applicants have given their permission).

• Applicants working in Scotland should apply online to Disclosure Scotland for a basic disclosure certificate.
• Applicants working in England and Wales should apply online to Disclosure and Barring Service (DBS) for a basic disclosure certificate.

Applicants working in Northern Ireland should apply via Access NI for a basic disclosure certificate.

The current fee for a criminal record certificate at basic disclosure level is £25 per employee.

The requirement to successfully complete a background check applies to all staff, irrespective of whether they are new or existing and regardless of length of service.

The only exception is where a staff member has a valid CRC already in force in respect of the role undertaken with the same employer. In the meantime, CRCs must be renewed on expiry, after 5 years.

Yes, for the purposes of a background check, overseas criminal record certificates are required for each country in which an applicant has been continuously resident for 6 months or more, covering the previous 5 year period.

Recruitment records must also include an indication of the process used to cover criminal records in respective states of residence, and copies of all criminal record certificates obtained.

Recruitment records must be kept for all persons recruited for at least the duration of their contract of employment.

NASP provisions require that recruitment records shall be kept for the duration of an individual's contract, and that those recruitment records must include, in the case of a background check, copies of all criminal record certificates.

A copy of the certificate should be kept on the personal file in order for the CAA's Inspectors or independent validators to be able to verify that the relevant checks have been satisfactorily completed.

Criminal record certificates are the property of the individual who applies for them and to whom the information relates. Employers must therefore obtain permission from an individual in order to retain the certificate or keep a copy of it.

Disclosure certificates, including those issued overseas, can be considered valid for up to 10 weeks from the date of issue.

If an overseas criminal record certificate is more than 10 weeks old but the applicant has not returned to a country from which a CRC was obtained since the date of issue (the date of issue can be up to 10 weeks prior to their date of departure), that certificate will be deemed valid.

No, disclosure certificates are only valid for 10 weeks from the date of issue.

In the case of new contracts of employment or work placements of staff on the books of a recruitment agency whose CRCs fall outside the 10 week period, a new disclosure certificate must be obtained. This is on the basis that each new employer is legally responsible and accountable for an employee during the period of the contract of employment.

The NASP requires that a Known Consignor shall designate at least one person at each site responsible for the application and supervision of the implementation of security controls at that site, i.e. a 'Security Manager'.

• Security Managers appointed on or after 29th April 2010 are already required under the NASP to successfully complete a background check
• Background checks are required for all Known Consignor Security Managers, irrespective of the date of appointment.

This depends on the role.

Personnel carrying out front-line security controls, such as the screening or guarding of cargo, are designated as SIA-licensable and are therefore subject to a CRC in order for the exemption to apply.

Staff undertaking, for example, administrative, clerical or IT roles, or who may simply have access to secure areas of a warehouse where known screened cargo or other supplies are stored, while conducting other non-front-line roles, are not deemed to be SIA-licensable.

The activity of an individual 'handling' air cargo or other supplies who performs no security function (e.g. simply moving cargo or supplies from one area to another) would similarly be deemed not to be SIA- licensable. In respect of both these examples of non-SIA licensable activity, a CRC is not required.