criminal disclosure form - Belfast Metropolitan College

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Belfast Metropolitan College Disclosure Form
(Declaration of Previous/Current Convictions which are not spent)
Belfast Met aims to be equitable to all applicants and to meet the legal obligations of the Rehabilitation of Offenders (NI) Order 1978,
the Data Protection Act 1998 and the Human Rights Act 1998. Belfast Met has a legal obligation known as “Duty of Care” to do
everything reasonable to protect students, staff and visitors from potential harm. The College has a Criminal Disclosure Policy and
Admissions Procedures that we work to, to help use ensure that our “Duty of Care” is upheld. As part of the procedures, we require
students to declare if they:
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Are serving/have served a custodial sentence
Are currently/have been on licence
Are serving any type of order
Information disclosed on this form will not necessarily prevent you from studying the course of your choice. However, if you have
previous convictions that you do not disclose and this is discovered, you may be refused a place or asked to leave the course. There
may be occasions whereby a current/previous conviction may prevent you from doing your course, but we will discuss this with you
in full and offer alternatives.
Below you are asked to disclose any criminal convictions except those which are considered “SPENT” under the Rehabilitation of
Offenders (NI) Order 1978. Having unspent convictions will not necessarily prevent your application from being considered. To
decide if your conviction is “SPENT”, please refer to the enclosed information.
Please complete this disclosure form as accurately as possible and place inside an envelope marked “Confidential for the personal
attention of the Head of Student Support” envelope. This sealed envelope should then be placed inside another envelope and
addressed to Head of Student Support, Titanic Quarter Campus, Room TQ3-013. A separate arrangement will be made with you
if clarification is required to discuss any issues around your disclosure before a final decision is reached.
Please complete the following in FULL
Name:
Address:
Date of Birth:
Course applied for:
Please provide as much detail as possible, otherwise you may have to fill the form in again.
What was the offence e.g. shop lifting, common assault etc. When was it e.g. 2004
What was the outcome e.g. referral order, fine, custodial, warning etc
If you are currently engaged with NIACRO, PBNI or PSNI, please advise us of your key contact, and telephone number:
If you would like the support of a College Learning Support Officer whilst completing your studies please check here.
Declaration I agree to Belfast Metropolitan College processing data contained on this form. I agree to the processing of such data
for any purposes connected with my studies or, for my health and safety or that of others whilst on College premises or for any other
legitimate reason.
I certify this information is correct. Please note, if you submit information that is not correct, you can be refused a place or asked
to leave the course.
Signed:
Date:
If someone else has provided information on this sheet on your behalf please print their name and position in the space below
Name
Position
Information on the Rehabilitation of Offenders (NI) Order 1978
The following sentences become ‘spent’ after fixed periods from the date of conviction.
If a conviction is ‘spent’ you do not have to mention it, even when asked, unless applying for a post which is “excepted”
under this legislation.
Sentence
Absolute Discharge
Probation Order, Bind Over, Conditional
Discharge, Care/Supervision Order
Attendance Centre Order
Juvenile Justice Centre Order
Youth Conference Order, Reparation Order,
Community Responsibility Order
Hospital Order
Aged 18 or over at
Under 18 years at conviction
conviction
6 months
Date Order ceases OR 1 year – whichever longer
1 year after Order expires
5 years or 2 years after Order expires – whichever
longer
5 years
2 ½ years
Fine or Community Service Order
Combination Orders
Prison – (immediate or suspended) OR
7 years
3 ½ years
Young Offenders Centre – sentence of 6
months or less
Prison – (immediate or suspended) OR
10 years
5 years
Young Offenders Centre over 6 months up
to and including 2 ½ years
A period of detention of less than 6 months
N/A
3 years
under Article 45 of the CJ (Children) (NI)
Order 1998
A period of detention over 6 months but less
N/A
5 years
than 30 months under Article 45 of the CJ
(Children) (NI) Order 1998
NB: CUSTODIAL SENTENCE OF MORE THAN TWO AND A HALF YEARS CAN NEVER BECOME
SPENT
 Consecutive prison sentences count as a single term when calculating the rehabilitation period.
 If more than one sentence was imposed for an offence, the longer rehabilitation period applies.
 If a person receives a new conviction during rehabilitation period:
(i)
for a summary offence (i.e. can only be tried at Magistrates Court) both rehabilitation periods
expire separately;
(ii)
for a more serious offence (i.e. which could be tried at the Crown Court) neither conviction will
become spent until longest period expires.
 Cautions, reprimands and final warnings are not considered to be convictions and become “spent”
immediately unless relevant to “Excepted “posts.
 A spent conviction will remain on your criminal record.
The Rehabilitation of Offenders (Exceptions) Order (NI) 1979 (amended by 1987, 2001, 2003 and 2009 Orders)
A range of occupations are exempted from the legislation for these posts, applicants MUST disclose information on both
“spent” AND “unspent” convictions. The list of posts is extensive and can be summarised as follows:
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WORK THAT INVOLVES CONTACT WITH CHILDREN OR YOUNG PEOPLE OR VULNERABLE ADULT GROUPS –
e.g. provision of health care or social services, work with children such as youth work, education, or with adults with
learning disabilities, mental illness, the elderly.
PROFESSIONS THAT ARE REGULATED BY LAW - e.g. medical practitioner, nurse, chemist, optician, accountant,
manager of an insurance company.
POSTS INVOLVING NATIONAL SECURITY e.g. security personnel or senior civil service posts.
POSTS CONCERNED WITH ADMINISTRATION OF JUSTICE e.g. police officers, solicitors, probation officers, traffic
wardens, judges, prison officers.
For confidential advice or information please contact NIACRO’s Employment Advice
Line on Tel: 02890 320157
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