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The Background Investigator Goes To London
In a continuing series, The Background Investigator, is sends its staff to various countries around the world to explore the justice systems and bring back to you their findings. This month steven Brownstein visited London. Here is his report:
Going To London
by Steven Brownstein
Can criminal background checks can be obtained in england without the CRB or police records?
That was the purpose of my investigation.
Granted the CRB gives you nation wide records but the problem for pre-employment screeners' is one of access, cost, and turnaround.
England 's CRB only offers two types of disclosures (see Background Investigator's article on disclosures). They can not be accessed by third parties nor by USA companies. Turnaround time can be weeks and that translates into an unhappy customer.
But what about the courts? Can a court search be done in England similar to the ones that are done in the USA? After all, we do not access the FBI database for records here. And that is what the CRB is offering. A simialr "FBI" search.
So what about the courtts - are they available?
And I can tell you, firsthand, they can be done. Easily.
First, England has an open court system. They also have a privacy act in place. But, the courts are exempted from the Act. That doesn't mean that you won't run into clerks quoting the Act.
It is just that they do not know its contents thereby making our job more difficult.
I find that happens more often when one tries to get the information telephonically rathher than by in person.
It can take some prodding and a supervisor or two, and possibly written correspondence to get the information you are requesting by phone.
But it can be done.
Easier and the best way, still, is to go to the court and get the information yourself.
Today's trip was to Middlesex Crown Court and Horseferry Magistrate Court.
Both these courts are in populous areas of London and at Straightline International we get many requests for these jurisdictions.
Starting with the Middlesex Crown Court. Remember, the Crown Courts have jurisdiction over all felony cases (called indictables).
Since 2005 all indictables are tried and sentenced at the Crown Court. I mention this because there is a lot of information on the Web and (just plain out of date knowledge) that most cases are tried at the Magistrate Court.
Since 2005 that has changed. Misdemeanors (summary offenses) are heard at the magistrate courts and as mentioned earlier, indictacles are heard at the crown courts.
Back at the Middlesex Crown Court.
The Middlesex Crown Court is an older building; one with history. The outside facade is beautiful and the intereir is reahbbed to its original glamour - gorgeous woodwork.
The Clerk's office is on the second floor. that was my frst stop.
The clerk's were friendly, quite excited to have a visitor from the USA, and willing to help. Their was no delay and it took just a matter of seconds to check a name on their computer. Their computer system goes back to 1983.
Now it was several blocks away to Horseferry Magistrate Court. A short walk.
Horseferry Magistrate Court is an unimposing structure that blends well into the similar architecture of the area - small high rise offices.
It surprised me how small a building could handle such a large vilume of cases. Then it came to me that the British are a very orderly society.
The Clerk's office is near the doorway entrance behind a window where the clerk's transact busines with the public.
Summary offense cases are heard at the magistrate court as well as traffic offenses. The clerks' have access to a computer that has records back to 2005.
Older cases are archived at Old Bailey.
There were no public access computers at either courts. But it wasn't necessary. I am not sure how the court would react to a multiple name request - not four or five names, but sixty or seventy.
I suppose that would create a burden for their staff. Probably there would be some sort of delay.
But the trip was a suucess. I love London. And I wouldn't hesitate to become a researcher there.
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