Update: criminal record checks — new filtering rules
On 29 May 2013, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 came into force. The main impact of this order is that it will relax the rules on disclosure of cautions and convictions. From 29 May 2013, the Disclosure and Barring Service (DBS) will be removing certain specified old and minor offences from criminal record certificates issued from this date.
The Rehabilitation of Offenders Act (ROA) 1974 provides that criminal convictions, cautions, warnings and reprimands in respect of certain offences are deemed to be ‘spent’ after specified periods of time. Prison sentences of 30 months or more are excluded from this and are never spent.
Broadly speaking, spent cautions and spent convictions don’t need to be disclosed. However, a person applying for an ‘excepted’ post (including work with children or vulnerable adults) may be asked whether they have any unspent convictions and cautions provided the questions are asked for the purpose of assessing the applicant’s suitability for the role. At the time the questions are asked, the person must be informed that they are obliged to disclose spent convictions. A failure to answer is a valid reason to withhold employment or to dismiss, as is a failure to give truthful information…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
In commercial disputes, parties often place substantial reliance on documents to prove their claim. Walker Morris sets out a short overview of disclosure for those not familiar with the process.
The Financial Conduct Authority has formally launched its investment and corporate banking market study and published the terms of reference.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.