Changes to the Rehabilitation of Offenders Act and Basic Disclosures

March 7th, 2014 by Jonathan Bazely

Disclosures

The Ministry of Justice have announced reforms that reduces the time low-level convictions will remain on a criminal record, before becoming classed as ‘spent’.  These changes to the rehabilitation of offenders act will come into effect on the 10th March 2014. You can view the official Disclosure Scotland news article on their website,  or review the www.gov.uk. website announcement. It is important to note that this change will only affect those applying for a Basic level Disclosure, which can be obtained for any job role.

The SCRO article notes that some rehabilitation periods are now different in Scotland and England, so the amount of time that certain convictions will remain on a criminal record may also vary. The rehabilitation period for a conviction is dependent on the jurisdiction under which the inquiry was made. It is therefore possible that the content of a Basic Disclosure certificate will be different, depending whether it is processed under Scottish law or English/Welsh law.

The SCRO expect that the applicant will be applying for a Disclosure within the same jurisdiction as the applicant’s home address. If this is not the case, the SCRO request that the applicant inform the SCRO when making the Basic Disclosure application.

In summary (taken from the SCRO article):

“For an application where the home address of the applicant is in England or Wales, the application will be processed under the version of section 112 of the Police Act 1997 and the rehabilitation periods in section 5 of the Rehabilitation of Offenders Act 1974 that apply in England and Wales.”

“For an application where the home address of the applicant is in Scotland, or in a country outwith Great Britain, the application will be processed under the version of section 112 of the Police Act 1997 and the rehabilitation periods in section 5 of the Rehabilitation of Offenders Act 1974 that apply in Scotland.”

There may be circumstances whereby an applicant has a Scottish address but works in England, and vice versa. In these circumstances the applicant should contact Disclosure Scotland to confirm that they will not be working in the same country where they are currently living. Alternatively please let a DDC Agent know either by calling 0845 644 3298 or including a note with your Basic Disclosure application form and we will contact Disclosure Scotland on your behalf when processing your application. Where this request has been made the Certificate will indicate which jurisdiction’s rehabilitation rules have been applied.

For more information about applying for a Basic Disclosure see our Basic Criminal Record Checks page.

Click here to find out more about Changes to the Rehabilitation of Offenders Act

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