The government has announced it intends to make changes to the criminal records disclosure rules to ensure the right balance is struck between rehabilitating offenders and protecting the public.

In order to do this it has laid a Statutory Instrument to amend the filtering rules that govern what is automatically disclosed through standard and enhanced criminal records certificates issued by the Disclosure and Barring Service (DBS).

The criminal records disclosure regime provides information through DBS certificates to employers about an individual’s criminal record to help them consider a person’s suitability for certain roles, principally those working closely with children and vulnerable adults or roles requiring a high degree of public trust.

The new legislation will remove the requirement for automatic disclosure of youth cautions, reprimands and warnings and remove the ‘multiple conviction’ rule, which requires the automatic disclosure of all convictions where a person has more than one conviction, regardless of the nature of their offence or sentence.

The move follows the government’s consideration of a Supreme Court judgment relating to the current disclosure regime, striking a balance between the needs of protecting people, especially the most vulnerable and children, while ensuring those who have reformed after committing offences are not disproportionately hindered by previous wrongdoing.

This will particularly benefit those with childhood cautions and minor offences who have moved away from their past. The changes build on the government’s commitment to increase employment opportunities for ex-offenders.

Convictions and adult cautions for offences specified on a list of serious offences that received a custodial sentence, are recent or unspent will continue to be disclosed under other rules.

Safeguarding Minister Victoria Atkins said:

“By making these adjustments we will ensure that vulnerable people are protected from dangerous offenders while those who have turned their lives around or live with the stigma of convictions from their youth are not held back.”

The Statutory Instrument will be debated in both the Commons and Lords later this year before the changes come into effect.