There was no distinction for the purposes of the Police Act 1997 s.115(7) between conduct that, if proved, would amount to a criminal offence and conduct that, even if proved, would not amount to a criminal offence. Consequently, where an enhanced criminal record certificate was required by an employer in the course of considering an applicant's suitability for a position involving the custody of children under s.115(3), the chief police officer was entitled to disclose any information that might in his opinion be relevant even if it related to activity that was not criminal.

[2006] EWHC 482 (Admin)