IN10 conviction criminal record?

trusaiyan

Hello

Unsure if this is correct forum, if there's more appropriate please move to that forum.

Friend wants to know as they've had conflicting information and online sources seem to conflict, but can anyone who conclusively knows answer these questions please:

1. Is an IN10 driving conviction in magistrates court - i.e. no insurance, 6 points and a fine - a criminal record (in the sense of routinely recorded onto the PNC and searchable on DBS checks)?
2. Is it a routinely recorded offence (i.e. goes onto the PNC) if no other conviction or driving offence is present?
3. Is it an arrestable offence?
4. Is the offence listed in the National Police Records (Recordable Offences) Regulations 2000?
5. If it is (or isn't) a recordable offence, which law established this?
6. If the individual wanted to find out conclusively if they have a criminal record (and if the IN10 conviction is shown on a DBS check), how could they find this out without doing an enhanced check themselves?
7. If it is a criminal record, when will it be filtered from a DBS check?
8. What constitutes whether a conviction is listed on the PNC? Is the criteria publically viewable?
9. Unrelated, but is a magistrates court liability order for council tax also shown on a DBS check and is it a criminal record?

Thanks

Mark_d

A IN10 conviction in a Magistrates court is a criminal offence.  It will be on PNC for four years from the date of the offence.  Yes you will be arrested for driving without insurance.

Council tax is a civil offence and won't show on DBS check

trusaiyan

Thanks, do you have any sources for that?

Not doubting it, but we've seen some advice online that says it is NOT an arrestable (or imprisonable) offence, is not on the 2000 regs and therefore is not routinely entered onto the PNC/searchable on DBS checks, and so is not considered a criminal record.

And he was not arrested at the time but vehicle impounded - this was a case of insurer failing to notify that he wasn't insured.

Unlock, RAC, JD Spicer, BK Solicitors, Gepp Solicitors, Caddick Davies Solicitors and more all state on their websites (they could be wrong of course) it is not a criminal record and not an arrestable offence, yet others state it is a criminal record. 

I'm defining a criminal record in the narrow sense of being recorded on the PNC/searchable on DBS checks, as that's all he cares about. I'm aware it's a criminal conviction in the sense that the magistrates ordered a fine for a motoring offence.

elsien

Have you looked at the gov.uk information and are you talking about a standard or an enhanced DBS?

https://www.gov.uk/government/publications/dbs-filtering-guidance/dbs-filtering-guide

Plus the ones that will not be filtered.
https://www.gov.uk/government/publications/dbs-list-of-offences-that-will-never-be-filtered-from-a-criminal-record-check

trusaiyan

I've just checked the list that shows offences never to be filtered, and the offence is NOT listed. But I suppose this does not mean it won't be on the PNC or will. You would think they would produce a simple list of offences that definitely go onto the PNC, as they do for that.

I'm talking about both, he wants to know if basic, standard or enhanced would show it. Research online suggests if it is a non-recordable offence it should NOT go on to the PNC, and thus should never be searchable on the DBS checks even enhanced.

Conversely, there is evidence above and other places that it is a normal conviction and IS recorded on the PNC, even basic. It shouldn't be this difficult to find out if an offence thousands commit each year is considered a criminal record.

Those links you posted, they're helpful but do not define what is put on the PNC. He wants to know explicitly what is put onto the PNC, it must be publically viewable or confirmed somewhere...

Undervalued

trusaiyan said:

Hello

Unsure if this is correct forum, if there's more appropriate please move to that forum.

Friend wants to know as they've had conflicting information and online sources seem to conflict, but can anyone who conclusively knows answer these questions please:

1. Is an IN10 driving conviction in magistrates court - i.e. no insurance, 6 points and a fine - a criminal record (in the sense of routinely recorded onto the PNC and searchable on DBS checks)?
2. Is it a routinely recorded offence (i.e. goes onto the PNC) if no other conviction or driving offence is present?
3. Is it an arrestable offence?
4. Is the offence listed in the National Police Records (Recordable Offences) Regulations 2000?
5. If it is (or isn't) a recordable offence, which law established this?
6. If the individual wanted to find out conclusively if they have a criminal record (and if the IN10 conviction is shown on a DBS check), how could they find this out without doing an enhanced check themselves?
7. If it is a criminal record, when will it be filtered from a DBS check?
8. What constitutes whether a conviction is listed on the PNC? Is the criteria publically viewable?
9. Unrelated, but is a magistrates court liability order for council tax also shown on a DBS check and is it a criminal record?

Thanks

Not a direct answer to your questions but I think your friend needs to look at the bigger picture.

If an employer askes a direct question as part of a job application process they are entitled to a truthful answer. So, with the limited exception of a conviction that is legally spent, whether or not it would show on a standard or enhanced DBS check does not give the prospective employee the right to lie either directly or by omission.

Remember too that a long list of jobs are exempt from the spent convictions protection, so for any application for such jobs no conviction is ever spent.

Although not often criminally prosecuted, giving false or misleading information in an attempt to secure employment is fraud, which is a serious criminal offence!

So whilst your friend could probably give simple (but truthful) yes / no answers to employer questions related to your nine bullet points, if they are asked something more general such as "have you been convicted of any offence in the last ten years" then whether or not it would appear on a DBS should not affect their answer! 

DullGreyGuy

https://www.gov.uk/guidance/rehabilitation-periods

Driving offences are 5 years from the date of conviction, whilst unspent they'll appear on DBS checks, when spent they will only show on an Enhanced DBS

trusaiyan

Undervalued said:

trusaiyan said:

Hello

Unsure if this is correct forum, if there's more appropriate please move to that forum.

Friend wants to know as they've had conflicting information and online sources seem to conflict, but can anyone who conclusively knows answer these questions please:

1. Is an IN10 driving conviction in magistrates court - i.e. no insurance, 6 points and a fine - a criminal record (in the sense of routinely recorded onto the PNC and searchable on DBS checks)?
2. Is it a routinely recorded offence (i.e. goes onto the PNC) if no other conviction or driving offence is present?
3. Is it an arrestable offence?
4. Is the offence listed in the National Police Records (Recordable Offences) Regulations 2000?
5. If it is (or isn't) a recordable offence, which law established this?
6. If the individual wanted to find out conclusively if they have a criminal record (and if the IN10 conviction is shown on a DBS check), how could they find this out without doing an enhanced check themselves?
7. If it is a criminal record, when will it be filtered from a DBS check?
8. What constitutes whether a conviction is listed on the PNC? Is the criteria publically viewable?
9. Unrelated, but is a magistrates court liability order for council tax also shown on a DBS check and is it a criminal record?

Thanks

Not a direct answer to your questions but I think your friend needs to look at the bigger picture.

If an employer askes a direct question as part of a job application process they are entitled to a truthful answer. So, with the limited exception of a conviction that is legally spent, whether or not it would show on a standard or enhanced DBS check does not give the prospective employee the right to lie either directly or by omission.

Remember too that a long list of jobs are exempt from the spent convictions protection, so for any application for such jobs no conviction is ever spent.

Although not often criminally prosecuted, giving false or misleading information in an attempt to secure employment is fraud, which is a serious criminal offence!

So whilst your friend could probably give simple (but truthful) yes / no answers to employer questions related to your nine bullet points, if they are asked something more general such as "have you been convicted of any offence in the last ten years" then whether or not it would appear on a DBS should not affect their answer! 

This doesn't make sense to me.

Surely if the person is guilty of a non-recordable offence they don't have to disclose it - hence the determination of whether the offence is recorded or not is totally relevant and the only thing he really needs to know.

So are you suggesting that people who are convicted of a NON-RECORDED offence (that doesn't go on the PNC), like a minor driving offence for speeding or (potentially) no insurance, should be disclosing to employers that they have a criminal record and should disclose these convictions, even if the government have determined that the police should not disclose the convictions to the PNC and thus not be viewable on DBS checks? What's the point in a non-recordable offence then?

The whole purpose of the distinction of a recordable vs non-recordable offence is that non-recordable are not deemed to be serious enough (i.e don't require monitoring or rehab) and thus shouldn't affect a person's wider ability to get jobs etc as the offences are deemed by gov/legal system to be too minor and should not form part of persons criminal record, hence making them non-recorded or we wouldn't have the distinction... 

Furthermore, we've seen advice online that states generally employers are legally forbidden to ask about NON-RECORDED offences, doing so may breach Equality Act 2010 and Rehab of Offenders Act 1974. They can only ask about convictions that can be recorded as part of the criminal record on the PNC/DBS checks. 

Maybe this is wrong, but I will find out and will post it here. He's asked for a SAR of the PNC and will also ask solicitors the questions.