SIA licence holders in the CH44 postcode area: additional questions
Updated 15 March 2022
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This publication is available at https://www.gov.uk/government/publications/sia-licence-holders-in-the-ch44-postcode-area/sia-licence-holders-in-the-ch44-postcode-area-additional-questions
1. Request
If an individual in England formerly of Scotland (within the 5 year period) applies for an SIA licence, do the criminality checks account for offences committed in both England and Scotland by the individual?
For example: someone commits crimes in Scotland; is prosecuted and then moves to England; after 3 years of living in England they apply for an SIA licence. Would the SIA criminal records check still pick up on the offences in Scotland?
Does the SIA hold information about any SIA registered individual(s) living in the CH44 postcode area, previously of a Scotland address, that has obtained an SIA licence with a criminal past / spent convictions? Note: I am not giving any name, address, date of birth and as you previously kindly mentioned there are 200+ individuals in CH44 SIA registered so this question could apply to any of them.
I have read up on the SIA licence webpages and the section “the offences we think are relevant” details a number of offences that would potentially prevent / revoke a licence. If an individual or group of individuals have evidence of an SIA-registered individual that has committed offences within these categories, who would this information be submitted to?
2. Response
Please find a response to the questions below.
2.1 Scope of SIA criminality checks
The criminal record check carried out by the SIA will disclose offences committed in England, Wales, Scotland and Northern Ireland.
2.2 Example
Please see the previous response.
2.3 Information about individuals in the CH44 postcode area
The SIA can neither confirm nor deny whether we hold the information you have requested.
If there is an individual or individuals who are currently residing within the postal area of CH44 previously of a Scottish address that hold an SIA licence and have a criminal past or spent convictions, we consider that to disclose this information to you without their consent would not be fair and would contravene the first data protection principle. Any individual or individuals concerned would not reasonably expect us to disclose this information to a member of the public on request given that the combination of what the SIA considers to be a set of specific parameters may allow an individual or individuals to be identified.
The decision to issue a ‘neither confirm nor deny’ response is not affected by whether we do or do not hold the information but relates to the consequences of confirming or denying the information is held as explained above. The decision to neither confirm nor deny is separate from a decision not to disclose.
2.4 Reporting relevant criminality
This information can be submitted to Report a Crime or Concern
When the SIA receives information from a member of the public regarding the conduct of a private security business or its operatives it is treated as intelligence. This is because any information received can only be utilised by the SIA in so far as it informs any investigation into breaches of the Private Security Industry Act 2001 or the licence/ACS criteria and conditions.
[Reference: FOI 0329]