Convictions and CRB guidance notes

Rehabilitation of Offenders Act 1974

One of the questions on the application form asks whether you have any convictions for criminal offences. If you have never at any time been convicted of a criminal offence, then answering the question presents no difficulty. If on the other hand, you have in the past been convicted of a criminal offence, then under certain circumstances, Rehabilitation of Offenders act 1974 allows you to regard the conviction as "spent", and to answer the question as though the offence had never occurred. These notes are designed to help you to determine whether or not your conviction is "spent", when considering your response to the question.

Please note that should you be applying for a post that requires an Enhanced Criminal Records Bureau Disclosure check (CRB), then all convictions whether spent or not will be detailed on the disclosure certificate that is issued to both the Trust and the applicant. This check is carried out once a preferred candidate has been selected, prior to an unconditional offer of employment being made.

Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

There are a number of posts within the Trust which are exempt from the Rehabilitation of Offenders Act 1974. These posts normally involve working with children and any other posts which have access to patients.  If the post for which you are applying is an exempt post you must declare all convictions - spent and unspent - and any cautions or bindovers. The job advert will clearly state if the post is exempt.

When is a conviction spent?

If the job for which you are applying does not fall into any of the above categories, then you should read the following information.

The purpose of the Act is to make life easier for persons who have been convicted of criminal offences, but then have had a period in which they have not committed any further offences. It provides for a period of rehabilitation after conviction for an offence after which anyone who has a conviction shall be treated for all purposes in law as a person who has not committed that offence. In other words, provided you have completed the appropriate rehabilitation period, you can be regarded as of good character, and can, without fear of the consequences, deny that you have ever been convicted of an offence.

The following applies to both exempt and non exempt posts –

1. Any information given will be treated as confidential and used only in connection with this application.
2. Failure to make a full and accurate declaration may result in withdrawal of a job offer, or, if subsequently discovered, to disciplinary action and /or dismissal.
3. If you have any doubts about whether you have to declare a previous conviction, you should contact your local Probation Office or the Citizens Advice Bureau, or your solicitor.