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Criminal Justice and Immigration Act 2008

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

The Act

Commentary on Sections

Schedule 9: Alternatives to prosecution for offenders under 18

New section 66H of the 1998 Act: Interpretation

Section 50: Criminal conviction certificates and criminal record certificates

370.Section 50 makes amendments to Part 5 of the Police Act 1997 (the 1997 Act) consequential upon bringing cautions within the ambit of the 1974 Act. Part 5 of the 1997 Act provides the statutory framework for the disclosure of criminal records (under the aegis (in England and Wales) of the Criminal Records Bureau (CRB)) for employment and other purposes. Subsection (2) amends section 112 of the 1997 Act so that details of any unspent conditional caution would appear on a criminal conviction certificate (known as a CRB “Basic Disclosure”). Subsection (3) amends section 113A(6) of the 1997 Act so that details of spent cautions are included on criminal record certificates (CRB “Standard Disclosures”) and enhanced criminal record certificates (CRB “Enhanced Disclosures”).

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