No.
1
Question
Does this change mean that I can ask for an old
basic disclosure which shows convictions that would
now be spent to be amended?
2
Where can I find information about how the
rehabilitation rules work?
3
What am I required to tell a new employer about my
old convictions?
4
What does it mean when it says that a licence
period must be completed before my conviction can
be rehabilitated?
Proposed answer
No, any certificate issued is accurate at the time it was printed.
Certificates have no validity timescale attached to them. You can
however apply for a new certificate and if you have a conviction
that is now spent it will not be shown.
For details of the rehabilitation periods that apply in England and
Wales see Ministry of Justice guidance.
For details of the rehabilitation periods that apply in Scotland see
our website link to Scottish Government’s website.
Unless you are applying for a post that is exempt from the
provisions of the Rehabilitation of Offenders Act 1974 then your
prospective employer can only ask you about convictions that are
unspent.
For details about how the rehabilitation rules work see the answer
to Q2 above.
Rehabilitation periods that run beyond the end of a sentence are
made up of the sentence length plus an additional ‘buffer period’
that runs from the end of the sentence. Custodial sentences are
served part in prison and part in the community and it is the total
length of the custodial sentence that is taken into account, not
simply the part of the sentence served in prison. For example, an
adult is given a 2 year custodial sentence and serves 1 year in
prison and 1 year on licence. The conviction may become spent
after 6 years: the rehabilitation period is the period of the
sentence, in this example 2 years plus a further ‘buffer period’ of 4
years, giving a total of 6 years.
For details about how the rehabilitation rules work see the answer
to Q2 above.
No.
5
Question
Is there any change to the rules about the effect that
previous or subsequent convictions can have on
rehabilitation?
6
Why isn’t this changed being applied to Scotland?
7
When is this change taking place?
8
When the rehabilitation table mentions a relevant
order, what does that mean?
9
How will Disclosure Scotland know that I have paid
my compensation order so that it can become
spent?
Proposed answer
Yes, in England & Wales it no longer matters which court has
heard the case, if the rehabilitation periods overlap then neither
conviction will become spent until the rehabilitation periods for
both offences are over.
For details about how the rehabilitation rules work see the answer
to Q2 above.
The Rehabilitation of Offenders Act applies throughout the UK.
However it is an area of devolved responsibility and there are
some differences to the way in which related legislation operates
in different jurisdictions.
The Scottish Government is considering how the Rehabilitation of
Offenders Act might be modernised and reformed in Scotland. A
discussion paper seeking views on the operation of the current
rehabilitation of offenders legislation is available here. Any
changes to the Rehabilitation of Offenders Act for Scotland would
be considered by the Scottish Parliament and would be tailored
for Scottish needs.
The change applies to basic disclosure certificates printed on or
after 10 March 2014.
This relates to an order as laid out in the Rehabilitation of
Offenders Act 1974 or any other relevant legislation. Relevant
order is defined in the Act and includes conditional discharge, bind
over, hospital order, referral order, an earlier statutory order, or
any other order imposing a disqualification, etc., not otherwise
dealt with in the table.
In England & Wales, an individual will obtain a letter of
confirmation from the court when any compensation order has
been paid in full. That letter will require to be presented to
Disclosure Scotland either with your application or separately in
No.
Question
10
How will Disclosure Scotland know that I have
complied with the terms of any order so that it can
become spent?
10b
I am going to work in England, despite living in
Scotland. Which rehabilitation rules will Disclosure
Scotland apply to my application ?
Proposed answer
confidence if your application is being submitted via a third party.
You do not need to discuss any separate submission with any
third party. To supply proof that a compensation order has been
paid, send to here.
In Scotland the rehabilitation period for a compensation order
remains five years from the date of conviction.
The rehabilitation period applicable is determined by the length of
the order plus the buffer period applicable. Where an order has no
length specified the rehabilitation period is 24 months beginning
with the date of conviction. Any subsequent variation to the order
for any reason has no effect on the rehabilitation period.
Unless you are applying for a post that is exempt from the
provisions of the Rehabilitation of Offenders Act 1974 then your
prospective employer can only ask you about convictions that are
unspent.
Rehabilitation periods should be determined with reference to the
law of the jurisdiction to which the inquiry relates. If the work is to
take place in England & Wales then the question is asked 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 & Wales.
If the work is to take place in Scotland or a country outside Great
Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
No.
11
Question
Does it cost more to have the new English rules
applied to my application?
Proposed answer
No, the cost of a basic disclosure remains unchanged at £25.
11b
It is unfair that people in Scotland are worse off than
people in England and Wales, they only have to wait
for one year if they have a fine before it is
rehabilitated, I have to wait five years? Is that fair?
12
Where there is no rehabilitation period for a
sentence such as an absolute discharge, what does
that mean? Does that mean that an absolute
discharge cannot be rehabilitated?
13
Can I please myself about which ROA rules to have
applied to my application?
The Rehabilitation of Offenders Act applies throughout the UK.
However it is an area of devolved responsibility and there are
some differences to the way in which related legislation operates
in different jurisdictions.
The Scottish Government is considering how the Rehabilitation of
Offenders Act might be modernised and reformed in Scotland. A
discussion paper seeking views on the operation of the current
rehabilitation of offenders legislation is available here. Any
changes to the Rehabilitation of Offenders Act for Scotland would
be considered by the Scottish Parliament and would be tailored
for Scottish needs.
Under the rehabilitation periods in section 5 of the Rehabilitation
of Offenders Act 1974 that apply in England & Wales there is no
rehabilitation period for an absolute discharge. This means that
the conviction is spent immediately and does not have to be
disclosed in response to any question about unspent convictions.
Under the rehabilitation periods in section 5 of the Rehabilitation
of Offenders Act 1974 that apply in Scotland there is a
rehabilitation period of 6 months from date of conviction for an
absolute discharge. This means that the conviction is spent once
6 months have elapsed from the date of conviction. The conviction
does not have to be disclosed in response to any question about
unspent convictions once this period of time has elapsed.
An individual should consider the purpose for which they are
applying for a basic disclosure certificate when considering this
question. If the purpose is to support the individual’s response to a
No.
Question
14
I live in Northern Ireland, what rehabilitation rules
will Disclosure Scotland apply to my application to
you?
15
How will I know in advance of my application which
ROA rules Disclosure Scotland will apply?
Proposed answer
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
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.
Rehabilitation periods should be determined with reference to the
law of the jurisdiction to which the inquiry relates. Disclosure
Scotland expects that this will normally be the same jurisdiction in
which the individual lives. If this is not the case then the individual
should tell us otherwise.
For an application where the home address of the applicant is in
No.
16
17
18
Question
Proposed answer
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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
Why is Disclosure Scotland carrying out checks for
Disclosure Scotland currently process applications from across
people in England and Wales?
the UK for basic disclosure certificates under section 112 of the
Police Act 1997. We are continuing to provide this service, albeit
with different versions of section 112 now in force.
Can I prevent the certificate going to my employer
Prospective employers or their agents, i.e. companies that
before I see it?
specialise in undertaking pre-employment checks, can with an
individual’s permission submit an application on an individual’s
behalf and have the certificate returned to them. If you are asked
to give such permission and would rather obtain the disclosure
certificate yourself you should discuss this with the prospective
employer or their agent.
What if my job means that I work across the Unless you are applying for a post that is exempt from the
Scottish/English border? Which rules apply?
provisions of the Rehabilitation of Offenders Act 1974 then your
prospective employer can only ask you about convictions that are
unspent. Rehabilitation periods should be determined with
reference to the law of the jurisdiction to which the inquiry relates.
If the work is to take place in both Scotland and England it is for
No.
19
Question
Proposed answer
you and your prospective employer to identify the applicable
governing law.
If the employment contract is governed by the laws of England &
Wales then the question is asked 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 &
Wales.
If the employment contract is governed by the laws of Scotland or
a country outside Great Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
I’m an employer and have submitted bulk The change applies to basic disclosure certificates printed on or
applications just before go live. Will I receive after 10 March 2014. Certificates printed before this date will be
different information depending on when DS processed under the version of section 112 of the Police Act 1997
completes these?
and the rehabilitation periods in section 5 of the Rehabilitation of
Offenders Act 1974 that apply in Scotland.
For certificates printed on or after this date 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 certificates printed on or after this date 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
No.
Question
20
If there is an error in a certificate issued prior to the
new rules, but not challenged until after go live, how
will the dispute be resolved? Will it be under the old
or new rules?
21
As an employer I ask if candidates have unspent
convictions. With the change of criteria, how do I
know what to ask candidates?
22
I live outside the UK, which rules apply to me?
Proposed answer
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.
Disclosure Scotland’s policy is that where the content of a
certificate is disputed, and the dispute is upheld, then Disclosure
Scotland will reproduce the certificate as if it had been produced
at the time the disputed certificate was printed.
Any reprocessed certificate resulting from a dispute around a
certificate printed before [insert commencement date] will
therefore 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.
You will still ask a candidate the same question. Rehabilitation
periods should be determined with reference to the law of the
jurisdiction to which the inquiry relates. It is for you and candidates
to identify the applicable governing law, which will normally be
determined by where the work takes place.
If the employment contract is governed by the laws of England &
Wales then the question is asked 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 &
Wales.
If the employment contract is governed by the laws of Scotland or
a country outside Great Britain then the question is asked 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.
An individual should consider the purpose for which they are
applying for a basic disclosure certificate when considering this
No.
23
24
Question
Proposed answer
question. If the purpose is to support the individual’s response to a
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates. For example if you are applying for a Basic disclosure in
connection with an application to work in England or Wales then
the question is probably being asked under the laws of England &
Wales. It is for you and your prospective employer (in cases
where the question is being asked for employment purposes) to
identify the applicable governing law.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
If I am unsatisfied at the application of the rules, If you believe that the information on your certificate is wrong or
what is the appeals/complaint procedure?
should not have been included then you should raise a dispute
with Disclosure Scotland. See here for further information.
I live in Scotland but my conviction was in England, The application of the rehabilitation rules relates to where the
why are you applying Scottish RoA? Why not apply question about whether the individual has unspent convictions is
No.
25
26
Question
the rules based on where the conviction took place?
Proposed answer
being asked, not where they were convicted.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
How are foreign convictions on PNC rehabbed?
The Rehabilitation of Offenders Act provides that a sentence
imposed by a court outside Great Britain shall be treated as a
sentence of that one of the descriptions mentioned in this section
(section 5) which most nearly corresponds to the sentence
imposed.
I am in the forces, and am based abroad. How will An individual should consider the purpose for which they are
this affect me?
applying for a basic disclosure certificate when considering this
question. If the purpose is to support the individual’s response to a
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates. For example if you are applying for a Basic disclosure in
connection with an application to work in England or Wales then
the question is probably being asked under the laws of England &
Wales. It is for you and your prospective employer (in cases
where the question is being asked for employment purposes) to
identify the applicable governing law.If the question is asked
No.
Question
27
I have no fixed abode, which rules apply?
Proposed answer
under the laws of England & Wales then the question is asked
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 & Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
An individual should consider the purpose for which they are
applying for a basic disclosure certificate when considering this
question. If the purpose is to support the individual’s response to a
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates. For example if you are applying for a Basic disclosure in
connection with an application to work in England or Wales then
the question is probably being asked under the laws of England &
Wales. It is for you and your prospective employer (in cases
where the question is being asked for employment purposes) to
identify the applicable governing law.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
No.
28
Question
Proposed answer
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
I have homes North and South of the border, can I An individual should consider the purpose for which they are
just pick whichever address suits me?
applying for a basic disclosure certificate when considering this
question. If the purpose is to support the individual’s response to a
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates. For example if you are applying for a Basic disclosure in
connection with an application to work in England or Wales then
the question is probably being asked under the laws of England &
Wales. It is for you and your prospective employer (in cases
where the question is being asked for employment purposes) to
identify the applicable governing law.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked under the version
No.
29
Question
Proposed answer
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.
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
I am a student. My term time address is in Scotland, An individual should consider the purpose for which they are
but my home address is in England. What rules applying for a basic disclosure certificate when considering this
apply?
question. If the purpose is to support the individual’s response to a
legitimately asked question about unspent convictions then the
individual should consider the jurisdiction within which the
question is asked. Rehabilitation periods should be determined
with reference to the law of the jurisdiction to which the inquiry
relates. For example if you are applying for a Basic disclosure in
connection with an application to work in England or Wales then
the question is probably being asked under the laws of England &
Wales. It is for you and your prospective employer (in cases
where the question is being asked for employment purposes) to
identify the applicable governing law.
If the question is asked under the laws of England & Wales then
the question is asked 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 &
Wales.
If the question is asked under the laws of Scotland or a country
outside Great Britain then the question is asked 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.
No.
Question
30
Will the implementation of this cause delays?
31
The Disclosure and Barring Service introduced an
update service for standard and enhanced
disclosures on 17 June 2013. Will Disclosure
Scotland be providing an update service for the
basic disclosures that it issues to people in England
and Wales?
If I need a basic disclosure certificate that reflects
the laws of the other jurisdiction to that determined
by my home address how will I be able to
demonstrate
that
the
other
jurisdiction’s
rehabilitation rules have been applied?
32
Proposed answer
If you need to demonstrate that your certificate reflects the laws of
the other jurisdiction to that determined by your home address
then please contact Disclosure Scotland for advice.
No, Disclosure Scotland has planned for this change in
conjunction with the Ministry of Justice. We are confident that we
will continue to deliver certificates for basic disclosures in keeping
with our normal processing timescales.
No, Disclosure Scotland’s agreement with the Home Office and
the Disclosure and Barring Service does not require us to provide
an update service for basic disclosures issued to people in
England and Wales.
From 10 March 2014 all basic disclosure certificates issued will
contain the following text between the ‘Applicant’s Personal
Details’ and so before ‘Convictions’
All basic disclosure certificates are issued under section 112 of
the Police Act 1997. A certificate either contains information about
every conviction of an applicant or states that there is no such
conviction. Conviction takes its meaning from the Rehabilitation of
Offenders Act 1974, but it does not include any spent conviction.
The Rehabilitation of Offenders Act 1974 sets out rehabilitation
periods after which convictions may become spent; different
rehabilitation periods apply in England and Wales and in Scotland.
For an application where the home address of the applicant is in
England or Wales, the application has been 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.
No.
Question
Proposed answer
For an application where the home address of the applicant is in
Scotland or in a country outwith Great Britain, the application has
been 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.
Where the other jurisdiction’s rehabilitation rules have been
applied at the behest of the applicant additional wording to that
effect will be added to the certificate to make it clear which
jurisdiction’s rehabilitation rules have been applied.