STRICTLY CONFIDENTIAL Criminal records checks and recruitment of ex-offenders The post you have applied for is exempt from the Rehabilitation of Offenders Act 1974 and you are therefore required to disclose any spent and unspent convictions with the exception of protected cautions and convictions. Furthermore, if you are the preferred candidate, any offer of appointment will be made conditional on a satisfactory criminal records check from the Disclosure and Barring Service (DBS). Please complete and return this form to HR in the confidential envelope enclosed, or email a signed pdf copy to [email protected] before your interview date. Please refer to the guidance to help you complete the section below. Disclosure Have you ever been convicted of a criminal offence? If so, please give details of any unspent convictions and any spent convictions (including cautions, reprimands and final warnings) that have not been filtered under the current filtering rules. Print Name………………. Signed…………………….. Date……………………….. Guidance If you have a criminal conviction, caution or a reprimand or final warning, these will be revealed by a DBS check, although old and minor convictions and cautions (known as ‘protected’ convictions and cautions) will not appear on a DBS certificate and do not need to be disclosed by you on this form. Unspent convictions An unspent conviction is where the rehabilitation period is not complete. See table. It needs to be disclosed on this form. Spent convictions Convictions with a sentence of 30 months or less will become spent after a certain period of time. This period is known as a ‘rehabilitation period’. Its length depends on how severe the penalty was. See table. Some convictions will never be spent ie where the offence resulted in a custodial sentence of more than 30 months (whether the sentence was served or not). On this form you need to disclose both spent and unspent convictions with the exception of ‘protected’ convictions and cautions. Cautions Cautions are given to adults aged 18 or over for minor crimes. A caution is used as an alternative to a charge and possible prosecution where the person has admitted an offence. There is no rehabilitation period for a caution; it becomes ‘spent’ immediately. ‘Conditional cautions’ (where certain conditions are imposed as part of the caution) are spent after three months. A caution will show on a DBS check unless it has been filtered. If it is not filtered, you will need to disclose it on this form. Reprimands and final warnings Reprimands and final warnings (for young offenders aged 10-17 years old) are issued by the police as an alternative to putting a young person before the courts. Again, the person has to have admitted the offence. It will show on a DBS check unless it has been filtered. If it is not filtered, you will need to disclose it on this form. Rehabilitation periods Sentence Rehabilitation period A sentence of imprisonment or youth custody for more than six 10 years1 months, but not more than 30 months. A sentence of cashiering, discharge with ignominy or dismissal 10 years1 with disgrace from Her Majesty's service. A sentence of imprisonment or youth custody for a term not 7 years1 exceeding six months. A sentence of dismissal from Her Majesty's service. 7 years1 Any sentence of detention in respect of a conviction in service 5 years1 disciplinary proceedings. A fine or any other sentence subject to rehabilitation under the 5 years1 Act, for example community service. An order for detention in a detention centre 3 years An absolute discharge 6 months A conditional discharge 1 year Probation 5 years1 1The rehabilitation periods are cut in half where the person was under 18 years of age at the time of his or her conviction. Filtering rules for criminal record check certificates For those 18 or over at the time of the offence: An adult conviction will be removed from a DBS certificate if: 11 years have elapsed since the date of conviction; and it is the person’s only offence, and it did not result in a custodial sentence Even then, it will only be removed if it does not appear on the list of offences which will never be removed from a certificate, for example, offences of a sexual of violent nature. If a person has more than one offence, then details of all their convictions will always be included. An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding. For those under 18 at the time of the offence: The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years The same rules apply as for adult cautions, except that the elapsed time period is 2 years. The DBS maintains a list of offences that will never be filtered. The flowchart below can be used as a reference tool to help you identify if you need to disclose the conviction or caution. Filtering rules – flowchart ‘Unspent’ convictions/ cautions need to be disclosed and will show up on a DBS check. NO Is your conviction/caution ‘spent’? YES Was the offence committed of a violent/sexual nature or on the list of offences that will never be filtered? NO Conviction YES Is this your only conviction? It needs to be disclosed and will show up on a DBS check. NO All convictions need to be disclosed and will show up on a DBS check. YES It needs to be disclosed and will show up on a DBS check. YES Caution Did you receive a custodial sentence? NO At the time you were given the caution, were you 18 years old or over? YES Did you receive the caution within the last 6 years? NO Did you receive the caution within the last 2 years? YES It needs to be disclosed and will show up on a DBS check. At the time of conviction, were you 18 years old or over? NO YES Were you convicted within the Were you convicted within the last 11 years? last 5 years and 6 months? NO It does not need to be disclosed and will not show up on a DBS check.
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