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Full Regulatory Impact Assessment for Manned Guards & Keyholders

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Appendix 4The Criminality CheckIn determining the criminality criterion <strong>for</strong> licensing, the SIA must be able to demonstrate rigour,reasonableness, consistency, transparency, rehabilitation, stakeholder confidence and costeffectiveness. Key concepts in judging criminality are:oouse only established data – convictions, cautions and warningsassess the record on the basis of:• the relevance of offences to the sectoral licence sought• how long ago the applicant became free of sentence restrictions0-2, 2–5 or over 5 years ago• the relative seriousness of offences as defined in the Police and CriminalEvidence Act (PACE) or separately by SIA judgementIn all cases individuals are advised to undertake the self assessment criminality check on the SIAwebsite prior to submitting an application, as application fees are non-refundableThis is the link to the criminality record indicator –http://www.the-sia.org.uk/licences/security-criminality.aspThe effect of these factors produces the following assessment grid:0 – 2 years from 2 – 5 years 5 years +last sentence from last from last sentenceexpiry sentence expiry expirySerious offence(s) Reject Reject Consider additionalfactorsOther significant offence(s) Reject ConsideradditionalfactorsGrantMinor / irrelevant offence(s) Grant Grant GrantIn determining how to deal with “consider additional factors” the SIA must• maintain the principles already agreed, i.e. relevance, how recent andseriousness• ensure that the additional criteria needed are objectively verifiable, rational andtransparent (i.e. by using the offending profile – the number, type and timing ofoffences on the record and the type and length of sentence(s) imposed <strong>for</strong> theseoffences).The method proposed is a “points system” which• first establishes whether there are any serious offences on the record(the threshold to getting a licence should always be higher when this is the case)• takes into account the cumulative record of all serious offences and of otheroffences in the relevant 2-5 year period35

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