The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974 (as amended by subsection (4) of this section).
Low-level disclosures give only unspent convictions (convictions which have not yet been expunged under the Rehabilitation of Offenders Act 1974), while enhanced disclosures ideally include all convictions, cautions, reprimands and final warnings.
An organisation which is entitled to ask exempted questions (under the Rehabilitation of Offenders Act 1974) must register with the DBS, or a registered DBS Umbrella Body before they can request a DBS check on an applicant.
Any person can apply for a Basic Disclosure in their own name: this is a document listing the person's unspent convictions under the terms of the Rehabilitation of Offenders Act 1974.
At the same time JUSTICE developed as a policy organisation, producing reports that helped establish the UK's Ombudsman system, the Criminal Injuries Compensation Board, the Rehabilitation of Offenders Act 1974, the Data Protection Act 1998, and the Criminal Cases Review Commission.
Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.
In December 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was enacted, which made a number of amendments to the Rehabilitation of Offenders Act 1974.
National regulations which normally expunge criminal records after a certain length of time (e.g. the Rehabilitation of Offenders Act 1974 in the UK) do not apply.
Act of Parliament | Act | 1974 | Statute Law Revision Act 1948 | Statute Law Revision Act 1888 | Act of Congress | 1974 in music | rehabilitation | Reform Act 1832 | Physical medicine and rehabilitation | Patient Protection and Affordable Care Act | Endangered Species Act | Digital Millennium Copyright Act | Clean Water Act | American Recovery and Reinvestment Act of 2009 | National School Lunch Act | United Kingdom general election, February 1974 | Statute Law Revision Act 1863 | Criminal Justice Act 1988 | Local Government Act 1972 | Americans with Disabilities Act of 1990 | Racketeer Influenced and Corrupt Organizations Act | Communications Act 2003 | Statute Law Revision Act 1887 | Consumer Credit Act 1974 | ACT | 1974 FIFA World Cup | Stamp Act | Official Secrets Act 1989 | National Firearms Act |