Full Regulatory Impact Assessment for Manned Guards & Keyholders

• takes account of the culpability of the most recent offence, as reflected in thesentence imposed by the courts and, by according different weights to noncustodialand custodial sentences of 2+ or 4+ years imprisonment reflects theproposed new buffer periods from the review of the Rehabilitation of OffendersAct• recognises efforts at rehabilitation by giving appropriate credit for accrued crimefreetime above the required minimum of 2 or 5 years• the more serious the record, the longer rehabilitative period is required – startingfrom the end of sentence restrictions – before the SIA should consider theindividual suitable for a licenceThe system allows all of these factors to be taken into account while allowing none topredominate. The result aims to be a balanced and sensitive system allowing reasonabledecisions to be made on a rigorously consistent basisRelevant, Serious and Other Offences used in the CriterionPotentially any offence can be argued as relevant, given that it raises doubts as to anapplicant’s honesty and trustworthiness. However, the SIA has taken a realistic view that someoffences are sufficiently minor and / or irrelevant to the test of fitness to be discounted – e.g.minor motoring offences causing a nuisance etc.The SIA will divide the remaining (i.e. the great majority of existing) offences into “serious”and “other significant” categories.oo“Serious” offences are those listed on the face of Schedule 5 of the Police andCriminal Evidence Act 1984 as “serious arrestable offences” or those are otherwiseconsidered as serious, using best judgement to apply the principles set out in section116 of PACE for determining whether other offences should potentially beconsidered “serious arrestable” (i.e. which lead, may lead or are intended to lead toserious harm to the State or public order, interference with the course of justice,death or serious injury or substantial financial loss or gain). Examples of offences inthis group include murder, rape, grievous bodily harm, robbery, burglary, indecentassault, possession with intent to supply a controlled drug, forgery, and possessionof a firearm.“Other significant offences” are those which, while not of the serious nature asdefined above, are considered to be particularly objectionable in connections withthe holder of an SIA licence. Examples of offences in this group include commonassault, battery, indecent exposure, possession of a controlled drug and drivingwhile over the alcohol limit.36