Police Act 1997
What this means for your business
- Applies to
- United Kingdom
- On this page
- 8 compliance obligations, 2 practical guides
What you must do
8 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 1
Request urgent DBS check with required statements and fee
If you need a fast criminal record check (DBS) for a child‑ or adult‑related role, you must attach the relevant suitability statement, ask for an urgent preliminary response and pay the extra fee that the law prescribes. Failing to do so means the DBS will not be processed as an urgent case.
Payments and fees 1
Provide identity evidence and pay fee for DBS certificates
When you apply for a DBS criminal record check, you must supply the required proof of identity – including having the applicant’s fingerprints taken as prescribed – and pay the prescribed fee. If you fail to do so, the Secretary of State can refuse to issue the certificate.
Offences and prohibitions 4
Breach an offence listed in schedules 8A or 8B
If your business does anything that breaches one of the offences set out in Schedule 8A or Schedule 8B of the Police Act 1997, you can be prosecuted. The exact penalty (fine, imprisonment and the court that will hear the case) depends on the specific offence in the relevant schedule, so you need to check those schedules to see what applies to your activity.
Falsify or misuse a police certificate
6 months imprisonmentIf you intentionally create a false certificate, alter an existing one, use another person’s certificate as if it were yours, or let someone else use your certificate as if it were theirs, you commit a criminal offence. On conviction in the Magistrates’ Court you can be sentenced to up to six months in prison, an unlimited fine, or both.
Unauthorised disclosure of certificate information
6 months imprisonmentIf you or anyone working for your organisation reveals information that was supplied under a section 113A or 113B certificate, except in the narrow circumstances listed in the law, you commit a criminal offence. Only disclosures to other staff within the same registered body or to the specific parties named are allowed. On conviction you can be jailed for up to six months, fined up to £1,000, or both.
Unauthorised disclosure of information obtained in delegated function
51 weeks imprisonmentIf your business or its staff are carrying out duties on behalf of the Secretary of State (for example, providing information under the Police Act), you must not share that personal information about anyone unless it is sent to another authorised person, the chief police officer, or the rightful applicant. Passing the information to anyone else is a criminal offence. A conviction can lead to up to 51 weeks in prison (or 6 months for offences before a certain date) and/or a fine of up to £1,000 on summary conviction.
Registration and licensing 1
Apply to the DBS for registration if you may ask exempted questions
If your business or you as an individual (aged 18+ and employing staff) are likely to ask the special "exempted" questions covered by sections 113A‑B, you must apply in writing to the Disclosure and Barring Service (DBS) to be added to the register. You need to check whether your activities fall within this scope and, if they do, submit the required application and meet the conditions set out in the Act.
Reporting and filing 1
Provide conviction and caution records to the DBS when requested
If your business holds records of criminal convictions or cautions that are used by the police, you must give those records to the Disclosure and Barring Service when they ask for them. This lets the DBS carry out its safeguarding checks and make decisions about certificates or registrations.
Penalties for non-compliance
4 penalties under this legislation. 3 can result in imprisonment. 1 carry an unlimited fine.
Falsify or misuse a police certificate
Unlimited fine and/or 6 months imprisonment
Unauthorised disclosure of certificate information
Fine up to £1,000 and/or 6 months imprisonment
Unauthorised disclosure of information obtained in delegated function
Fine up to £1,000 and/or 51 weeks imprisonment
Breach an offence listed in schedules 8A or 8B
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
DBS checks for employers
When and how to request Disclosure and Barring Service (DBS) checks for employees. Includes check types, fees, regulated activity rules, …
Mandatory hiring requirements
Every employer obligation from pre-hire through the first month of employment. Covers right to work checks, written statements of particulars, …
Sections and provisions
207 classified provisions from this legislation.
Duties 15
- s.25 General duty of the Secretary of State and the Scottish Ministers
- s.105 Appeals by authorising officers: supplementary. the Investigatory Powers Commissioner
- s.112 Criminal conviction certificates.
- s.113BA Suitability information relating to children
- s.113E Criminal record certificates: specified children's and adults' lists: urgent cases
- s.113BB Suitability information relating to vulnerable adults
- s.114 Criminal record certificates: Crown employment.
- s.116 Enhanced criminal record certificates: judicial appointments and Crown employment.
- s.118 Evidence of identity.
- s.119 Sources of information. proceedings
- s.120AC Registered persons: information on progress of an application certificate issued in response
- s.120A Refusal and cancellation of registration on grounds related to disclosure chief officer of any …
- s.120 Registered persons.
- s.122 Code of practice.
- s.136 Police: co-operation on implementation.
Offences and penalties 6
- s.93 Authorisations to interfere with property etc.
- s.123 Offences: falsification, &c.
- s.124A Further offences: disclosure of information obtained in connection with delegated function
- s.124 Offences: disclosure.
- s.126ZB Offences in schedules 8A and 8B
- Schedule 8A Offences which must be disclosed unless a sheriff orders otherwise
Powers 15
- s.30 Power to give directions to NCIS Service Authority
- s.31A Power to give directions as to action plans
- s.75 Power to give directions to NCS Service Authority
- s.76A Power to give directions as to action plans
- s.96 Notification of authorisations etc.
- s.104 Appeals by authorising officers.
- s.113BC Suitability information: power to amend
- s.113A Criminal record certificates
- s.119B Independent monitor
- s.120ZA Regulations about registration
- s.120AA Refusal, cancellation or suspension of registration on other grounds
- s.122A Delegation of functions of Secretary of State
- s.125 Regulations.
- s.125B Form of applications
- s.135 Commencement.
Definitions 20
- Schedule 2 Other Provisions about Members of Service Authorities
- Schedule 7 Investigation
- s.46 Interpretation of Part I.
- s.90 Interpretation of Part II.
- s.94 Authorisations given in absence of authorising officer.
- s.98 Matters subject to legal privilege. matters subject to legal privilege
- s.99 Confidential personal information.
- s.100 Confidential journalistic material. confidential journalistic material
- s.108 Interpretation of Part III.
- s.111 Interpretation of Part IV.
- s.113B Enhanced criminal record certificates
- s.117A Other disputes about section 113B(4) information
- s.126A Part 5: Modifications for Northern Ireland
- s.126 Interpretation of Part V.
- s.133A Meaning of “prevention” and “detection”.
- Schedule 1 Appointment of Members of the Service Authorities
- Schedule 2A Further provisions about Service Authorities
- Schedule 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. independent members police authority members prescribed
- Schedule 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. independent members police authority members prescribed
- Schedule 8An REVIEW OF CRIMINAL RECORD CERTIFICATES