Rehabilitation of Offenders Act
1974
One of the questions on the application form
asks whether you have any convictions for criminal offences. If you
have never at any time been convicted of a criminal offence, then
answering the question presents no difficulty.
If on the other hand, you have in the past been convicted of a
criminal offence, then under certain circumstances, the
Rehabilitation of Offenders act 1974 allows you to regard the
conviction as "spent", and to answer the question as though the
offence had never occurred. These notes are designed to help you to
determine whether or not your conviction is "spent" when
considering your response to the question.
Please note that should you be applying for a post that requires a
Criminal Records Bureau Disclosure check (CRB), then all
convictions whether spent or not will be detailed on the disclosure
certificate that is issued to both the Council and the applicant.
This check is carried out once a preferred candidate has been
selected, prior to a formal offer of employment being made.
Exempt Occupations
There are a number of
posts within the Council which are exempt from the Rehabilitation
of Offenders Act 1974. These posts normally involve working with
children or vulnerable adults (e.g. social workers, teachers), but
some posts in finance and the law are also covered.
If the post for which you are applying is an exempt post you must
declare all convictions - spent and unspent - and any cautions or
bindovers. The job description and person specification will
clearly state if the post is exempt.
When is a Conviction Spent?
If the job for
which you are applying does not fall into any of the above
categories, then you should read the following information.
The purpose of the Act is to make life easier for persons who have
been convicted of criminal offences and have subsequently gone
straight. It provides for a period of rehabilitation after
conviction for an offence after which anyone who has a conviction
shall be treated for all purposes in law as a person who has not
committed that offence.
In other words, provided you have completed the appropriate
rehabilitation period, you can be regarded as of good character,
and can, without fear of the consequences, deny that you have ever
been convicted of an offence.
| Sentence |
Rehabilitation Period |
|
If age over 18 when convicted: |
If aged under 18 when convicted |
| Absolute Discharge |
6 Months |
6 Months |
| Fines, community service / punishment orders, combination and
curfew orders |
5 Years |
2½ Years |
Prison Sentences of less than 6 months |
7 Years |
3½ Years |
Prison Sentences of between 6 Months and 2½ years |
10 Years |
5 Years |
| Prison sentence of over 2½ Years |
Never Spent |
|
The age of conviction is irrelevant for the
following Sentences: |
| Borstal (abolished 1983) |
7 Years |
| Detention Centres (abolished 1988) |
3 Years |
| The following sentences have variable
rehabilitation periods that do not vary with age |
| Probation, supervision or care orders, conditional discharge or
bind-over |
The greater of 1 year, or until the order
expires |
| Attendance centre orders |
1 year after the order expires |
| Hospital Orders (with or without restriction orders) |
The greater of 5 years, or 2 years after the order
expires |
The following applies to both exempt and non exempt
posts:
1. Any information given will be treated as confidential
and used only in connection with this application.
2. An offer of employment may be withdrawn or dismissal may
result if previous convictions for 'unspent' criminal offences are
not disclosed.
3. If you have any doubts about whether you have to declare a
previous conviction, you should contact your local Probation Office
or the Citizens Advice Bureau, or your
solicitor. |