Q&As

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 27/04/2020

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?
  • Does a non-molestation order or undertakings that are effectively the same thing appear on a DBS check/police checks/criminal record?
  • Would the offence of breaching a non-molestation order appear on advanced DSB checks?

Does a non-molestation order or equivalent undertaking appear on a Disclosure and Barring Service (DBS) check, police check or criminal record? Does such an order or undertaking appear on advanced DBS checks and will it be listed as an offence if a non-molestation order is breached?

Does a non-molestation order or undertakings that are effectively the same thing appear on a DBS check/police checks/criminal record?

A basic Disclosure and Barring Service (DBS) check will show a person’s criminal record, specifically convictions that are not ‘spent’. A ‘spent’ conviction is one where, under the terms of the Rehabilitation of Offenders Act 1974 (ROA 1974), a certain period of rehabilitation has passed. A standard DBS check will show both spent and unspent convictions, cautions, reprimands and final warnings. An enhanced DBS check will show what a standard DBS check would disclose, in addition to any information held by local police that may be considered relevant to the role.

A non-molestation order made under the provisions of Part IV the Family Law Act 1996 (FLA 1996) is not equivalent to a criminal conviction. A non-molestation order may be made by consent without any findings by

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