Subject to the Rehabilitation of Offenders Act 1974.

[bigfoot3000]

Subject to the Rehabilitation of Offenders Act 1974, have you ever been fined, imprisoned, placed on probation, discharged on payment of costs or had any order made against you by YES NO a Criminal, Civil or Military Court?

Does this mean you have to disclose spent criminal convictions?

[Buenchico]

No, it means you DON'T have to.

The form is saying "we require you to provide this information but we recognise that, under the provisions of the Rehabilitation of Offenders Act 1974, you're not required to disclosed 'spent' convictions".

Irrespective of what it might say on any form, you're never required to disclose spent convictions other than in relation to those types of employment which are exempted from the provisions of the Act. (They're principally jobs working with, or alongside, children or vulnerable adults. Employment related to the 'administration of justice' is also exempted).

In relation to the type of questions you're referred to, the Act states that you may lawfully 'answer accordingly' (i.e. lie). 'Ancillary matters' are also covered by the Act. If, for example, you were refused insurance solely because of an unspent criminal conviction you could later (when that conviction became spent) lawfully answer 'No' if you were asked "Have you ever been refused insurance?"

Chris

[Justincider]

I thought there were certain jobs that you had to declare spent ones? Police, teacher etc?

[bigfoot3000]

Thanks for the answer chris.

[bigfoot3000]

Oops pressed send to early^^^ Justin this is my point can you not declare robbery or burglary charges if your applying for security positions?

[Justincider]

I believe you are obliged to declare in these type of jobs, I'm sure of it. Otherwise whats to stop an armed robber applying for a security job?

[Justincider]

http://www.yourrights...s/excluded-sentences.


,it's certain types of convictions you have to declare

[Buenchico]

Jobs with security companies are not exempted from the provision of the RoOA. So applicants are not directly required to declare any spent convictions on their application forms - but see below. However such companies usually require a 10 year checkable work history. (i.e. you've effectively got to prove that you weren't in prison, anywhere in the world, at any time in the past 10 years).

Further, jobs which require an SIA licence need a CRB check in order to obtain that licence. CRB checks show all convictions, including spent ones:
http://www.sia.homeof.../Pages/licensing.aspx

Chris

[Buenchico]

Just a footnote in response to Justin's post:
An armed robber would almost certainly receive a prison sentence of over 2½ years. In which case that conviction would never become spent anyway

[Justincider]

You ARE reqiured to declare certain convictions, even if they are spent

[Buenchico]

JUst:
It's not the type of conviction which is relevant. It's the type of employment which is being applied for.

All convictions (except those resulting in a prison sentence of over 2½ years) eventually become 'spent' for all purposes except those exempted from the provisions of the Act. (It doesn't matter whether the conviction was for dishonesty or for violence or a sexual offence).

Similarly all convictions are never regarded as spent when applying for those types of employment which are exempted from the provisions of the Act.

[Justincider]

Did you go the link i posted?

[Buenchico]

Oops, sorry Justin. I seem to have mis-typed your name at the start of that post.

[Buenchico]

That link shows a '404' error code on my screen.

This link show information derived from the National Association for the Care and Rehabilitation of Offenders:
http://www.lawontheweb.co.uk/rehabact.htm

[bigfoot3000]

Thanks for your input guys!