What criminal sanctions are there for failing to comply with any of the requirements of the scheme?
There are a number of criminal offences associated with failing to comply with the requirements of the scheme: • It is a criminal offence if an individual who is barred from working with children or vulnerable adults if they work or volunteer, or apply to work or volunteer with these vulnerable groups. The offence will be punishable by a fine of up to £5,000 and/or imprisonment • It is an offence for an employer to knowingly engage an individual who is barred in regulated activity. The maximum penalty for this offence is five years imprisonment • An employer who fails it’s duty to refer an individual to the ISA where appropriate, may be liable to a fine of up to £5,000 These offences may be subject to change pending outcomes of the Government’s announcement to review the scheme. The terms of reference for the review of the Vetting and Barring Scheme was published by the Home Office on 27 October 2010, further details can be found on the latest news page.
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