Access NI Criminal Record Checks

Access NI is the system used in Northern Ireland to carry out criminal record checks. The system is complex and includes three different levels of checks: Basic, Standard and Enhanced. It is a criminal offense to require candidates and staff to undergo a criminal record check in which they are not eligible for. Therefore, careful consideration and assessments need to be carried out before determining the level of check you require for your Organisation and job roles.

Think People are a Registered, Responsible Umbrella Body, which means we can carry out criminal record checks on candidates and staff on behalf of employers.

For ease, we have included a summary of the checks below:

Types of checks

1. Basic Access NI Check

A Basic Access NI Check will show all unspent convictions or will state that no convictions were found. Employers can ask candidates to undergo this check, provided they have a reasonable rationale to do so.

2. Standard Access NI Check

A Standard Access NI Check discloses an individual’s criminal record, including spent and unspent convictions, informed warnings and other non-court disposals from the Police National Computer.

The position must be exempt from the Rehabilitation of Offenders (Exceptions Order) (NI) 1979 to require candidates to undergo a Standard Check.

3. Enhanced Access NI Check

An Enhanced Access NI check discloses an individual’s full criminal record, including:

• spent and unspent convictions,
• cautions,
• informed warnings and
• other non-court disposals from the Police National Computer information held by the Disclosure and Barring Service (for positions in regulated activity)
• information held by the police that is relevant to the role.

These checks are normally required where an individual works or volunteers in a role providing services to or having close and regular supervision of children or vulnerable adults.

Enhanced checks are complicated and include two variations of checks: with or without a barred list check. Employers need to meet strict criteria and carry out tests to determine applicant and staff members’ eligibility.

What happens if an Access NI check does not come back clear?

Access NI checks are typically a pre-employment check. Having a criminal record may not prevent the organisation from hiring the applicant, this will always depend on the nature of the position, together with the circumstances and background of the candidates’ offences or other information contained on a disclosure certificate and a risk assessment.

There are times in which current staff may be requested to undergo a check, if a check is unclear, the same steps as outlined above should be followed alongside the organisation’s internal polices and statutory obligations.

In any case, employers must adhere to Part V of the Police Act 1997.

Why should you use Think People Consulting to manage Criminal Record Checks?

• Access NI have strict protocols and a code of conduct that must be adhered to by those managing checks. A deviation from some aspects of their protocols could be considered a criminal offense.
• Access NI will carry out regular audits with employers carrying out checks. By using Think People, employers place the onus onto Think People; we will be audited as opposed to the employer.
• Data collected during Access NI checks is extremely sensitive, in addition to GDPR implications those carrying out checks have strict Access NI retention periods that must be followed. This also becomes the responsibility of Think People.
• Think People will carry out due diligence to ensure the role/s in question are eligible for a check, minimising the risk of litigation.
• Think People will advise you on how to deal with an unclear check, including guidance on risk assessments and legislative responsibilities.
• Access NI checks are typically a pre-employment check, however there are times in which current staff may be requested to undergo a check, Think People can advise on how to communicate the need for checks with current staff.

If you have any questions please do contact me for an informal, no-obligation chat on laura.gillespie@thinkpeople.co.uk, or +4428 9031 0450.