I have been handed a Police Information Notice. Now, I have done some research and found that it does come up on an Enhanced DBS check, but only if the chief superwhatnot decides that it is relevant. However i just spoke to the police and they told me that it would not appear on a Enhanced CRB/DBS. Is there anyone on here that could clarify whether this would be an issue? It's over someone/something so pathetic. I am so confused.
The powers and duties of the police in providing information for an Enhanced DBS certificate are set out in s115 Police Act 1997.
s115(7) provides that—
Before issuing an enhanced criminal record certificate the Secretary of State shall request the chief officer of every relevant police force to provide any information which, in the chief officer’s opinion—
(a) might be relevant for the purpose [for which the certificate was requested], and
(b) ought to be included in the certificate.
The construction of this subsection was considered in R (L) v. Commissioner of Police for the Metropolis  EWCA Civ 168. The appellant argued that 'any information' should be read narrowly to mean only matters which relate to criminal activity or propensity. The court disagreed, finding that 'any information' means just that.
If, therefore, in the chief officer's opinion a police information notice might be relevant and ought to be disclosed on an enhanced DBS certificate, he can include it. Individual police authorities (and indeed the police as a whole) may also have internal guidance on the matter, but this is the position in law.
It must also be considered whether the PIN has been retained. In considering the competing interests of Article 8 ECHR, the court found in R (T) v. Commissioner of Police for the Metropolis  EWHC 1115 (Admin) that—
If the sole purpose of retention were to lay the ground for establishing a "course of conduct" under the Protection from Harassment Act, then only a much shorter period could be justified. But, for other purposes such as assisting in resolving later allegations, and investigating other crimes, a longer period of retention might well be appropriate.
As an aside, an enhanced DBS check can also result in information being disclosed to the subject of the check but not included on the certificate under s115(8) of the Act.