The Rehabilitation of Offenders Act

The Rehabilitation of Offenders Act (ROA) aims to protect people who have been convicted of a criminal offence and who have not re-offended since.

 

Under the Act, a person has a right to privacy and is not obliged to reveal a ‘spent’ conviction for vacancies that do not demand it.

However, if a person wishes to apply for a position of trust, for example that involves working with children and / or vulnerable adults, these positions are exempt / set apart from the Act. Therefore, applicants for these positions are required to reveal all convictions (including driving offences), both spent and unspent, when they apply.

 The term ‘convictions’ includes any convictions, cautions, reprimands or final warnings that are not ‘protected’ as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013). All applicants will be asked to complete a self declaration of convictions form and, where the post is deemed to be exempt from the ROA, the disclosure will ask for details of relevant spent and unspent convictions and a Disclosure and Barring Service (DBS) check will be requested.

 As part of the DBS code of practice any employer accessing DBS disclosures must have a policy on the Recruitment of Ex-Offenders Jan 2014 . (link to word document)

Last updated: 21 December 2016 16:19:42