spent convictions and applications
By Sophie Fordham
We've
received a question from a teacher who is applying for a post and the form requires
information about any criminal offences that she has committed even if they are
spent. She was convicted of shoplifting 24 years ago when she was 19-years-old
and since then she tells us has led a blameless life.
What
the law says
The legislation that covers the disclosure
of criminal offences is the Rehabilitation of Offenders Act 1974 (ROA). What
the law seeks to achieve
The aim of the ROA is to help offenders
reintegrate into society and back into the workplace. In certain circumstance
offenders are not required to disclose criminal offences to potential employers
in order not to prejudice their applications.
What are
"spent convictions"?
Under the ROA, after a certain period of time all
convictions (except those involving prison sentences of over 30 months) are deemed
to have been "spent". The length of time that must elapse before the conviction
is deemed "spent" depends upon the nature of the sentence imposed and can be extended
by subsequent convictions. Once convictions are "spent" the person is considered
"rehabilitated".
Rehabilitation periods
- Imprisonment of between 6 months and 2 years - 10 years
- Imprisonment
of up to 6 months - 7 years
- Borstal training - 7 years
- A
fine or (in the case of adults) probation - 5 years
- Conditional
discharge, binding over, care or supervision order - 1 year or the duration of
the order, if longer
- Disqualification from driving - period
of disqualification
- Absolute discharge - 6 months
-
Disclosure of "spent" convictions to potential employers
In
most circumstances a rehabilitated person is to be treated for all purposes in
law as a person who has not committed or been charged with or convicted of the
offence in question. There are civil and criminal sanctions
against the unlawful dissemination of information about spent convictions. A malicious
reference to a spent conviction can give rise to an action for damages. Exceptions
The legislation provides for exceptions to the disclosure rules in circumstances
where the public interest is considered to outweigh the interest of the individual.
The act provides a power for the Secretary of State to make an order preventing
certain professions and activities. Teachers and the ROA
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 provides that
people following certain occupations and professions are obliged to disclose any
spent convictions and may be dismissed or excluded from employment because of
such a conviction. The existing exceptions order covers those
working for the care of the young and vulnerable and this includes teachers.
If a teacher applies for a post and is asked
for details of convictions in order to assess
his suitability for teaching, they are not statutorily
excused from disclosing spent convictions. Failure
to disclose spent convictions for those who come
under the exceptions of the ROA can lead to dismissal.
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