Spent conviction or not?

[softtouch]

Hi,

I hope there's a legal eagle or two about that can clarify something for me. I was convicted of an offence at Magistrates court in 2010 and given a fine to pay. At that time the rehabilitation period for that offence was 5 years. Now I'm led to believe some changes have been made in essence reducing rehabilitation periods whereby my rehabilitation period has been reduced to just 1 year.

I have just offered a new job and the employer has asked me to fill out a Disclosure Scotland form. I'm very concerned as to whether my Disclosure Form is likely to come back with my conviction still unspent. My belief is that the changes came into effect in late 2013.

Further, if that is the case is the employer likely to retract the job offer made to me?

 

 

Incidentally my offence was nothing to do with fraud or theft or anything of that kind.

[silverfox1961]

Hi

Can't really offer much but I did find this

 

http://www.justice.gov.uk/downloads/offenders/rehabilitation/rehabilitation-offenders.pdf

[softtouch]

Quite, but that doesn't appear to take the new rules into consideration....Thanks anyway.

I'm still very concerned.

[unclebulgaria67]

Different laws/rules in Scotland, than in other parts of the UK ?

 

http://www.disclosurescotland.co.uk/

[softtouch]

Yes, apparently there different between England and Wales and Scotland. However the Disclosure Scotland facility is used by people from England. The rule changes for rehabilitation are not being changed for Scotland, only England and Wales. I should point out I'm in England and the new rules SHOULD apply but I'd like to be sure as you can imagine!!!!

[silverfox1961]

After a little more searching (actually quite a lot) Found this which confirms what you have said

 

http://www.unlock.org.uk/userfiles/file/informationhub/changestoroa.pdf

[softtouch]

Thank you Silverfox but I'm still a little uneasy, in all honesty I'd already seen the info on the Unlock website and I'm probably actually asking whether anyone has actually had a Disclosure search done since the changes have been in effect. If indeed they are in effect.

[tiger7861]

Thank you Silverfox but I'm still a little uneasy, in all honesty I'd already seen the info on the Unlock website and I'm probably actually asking whether anyone has actually had a Disclosure search done since the changes have been in effect. If indeed they are in effect.

 

Has this law kicked in yet the unlock website still goes under 1974

[softtouch]

Has this law kicked in yet the unlock website still goes under 1974

 

 

 

That's what I'm trying to find out. The legislation has been known about in the press etc since early 2012 and was due to come into force in March 2013 but was then delayed and if I understood correctly SHOULD have come into force in Nov 2013.

 

 

Unfortunately the Unlock and Nacro websites don't appear to be as up to date as one might hope. I did actually send Nacro an email before Xmas asking the question but have not had a reply yet. I've also tried phoning numerous times only to get their wretched how important my call is *ollocks and have not even been able to leave a message!!! I have a sneaky feeling it's just a nice employer for a number of people who though publically funded are far too busy to be of any help.

[softtouch]

Just found some more gobbledygook perhaps some kind able to comprehend person can interpret for me into something I may be able to understand.

 

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266123/Filtering_guide_v2.3.pdfd

[softtouch]

Well, I've now had a reply from Nacro but it's only served to make me even more confused and concerned. Her's the text of the email and my reponse earlier today:

 

 

"Thank you for your email. We are sorry about the late reply as we have been on Christmas leave.

With regards to your query about your fine. If you paid the fine on time when it was given to you then you do not need to disclose this information to your employer. As a fine is instantly spent if paid on time.

As you have stated that you will be undergoing a basic disclosure check. A basic disclosure check will ONLY disclose unspent convictions. All employers are entitled to undergo a basic disclosure which can be obtained from either Disclosure Scotland or Access Northern Ireland, not the DBS."

"Many thanks for your reply I do understand the timing issue due to the holidays.

 

I did pay the fine immediately when it was imposed as I had no issue with paying it. I see you say that meant that my conviction became spent then but all the guidelines on your website and many others list the rehabilitation period after being sentenced to a fine as 5 years. Which has or will been reduced to 1 year. As a lay person I'm very confused by this and would ask you to confirm whether the reduced rehabilitation periods are now in effect. I note your mention that I do not need to disclose my conviction to my proposed new employer but the employer will be submitting the Disclosure Scotland themselves so I haven't actually been asked the question directly.

 

I do appreciate the help you've given me so far and would ask for the confirmation that I.ve requested."

[softtouch]

Another not very informative update and my latest response:

 

 

"Under the rehabilitation period a fine is classed as spent 5 years from the date of conviction, but when the new changes take effect it will be reduced down to 1 year from the end of the sentence. When your fine is considered as spent it means that it does not need to be disclosed to MOST employers or when applying for MOST educational courses and insurance.

The only thing is you have stated that you will be undergoing a basic disclosure which looks at unspent convictions. Which means that you have to disclose this information when undergoing the DBS Check.

What sort of employment is this for exactly?"

My reply:

"The employment I hope to take up is a mainstream industrial position and I can confirm that it is a Basic Disclosure Scotland search that will be carried out. The position and will not have anything to do with children, vulnerable people, or anything like that.

I don't think you've actually answered my question as to when the reforms to reduce rehabilitation periods has or will come into effect.

Similarly I could do with a little help in clarifying the difference between a conviction being spent and an individual being rehabilitated.

I have read so much about the reforms and was under the understanding that they were due to come into effect around March 2013 but had been delayed until November 2013. "

[softtouch]

Here we are again, Have had another reply from NACRO which though clearer fills me with dread.

 

 

"

Thank you for your enquiry to Nacro. The reforms to the Rehabilitation of Offenders Act have been enacted but not yet implemented. They are due to come into force in the spring, although they Ministry of Justice have yet to confirm a date so I am not able to provide you with further information as to when the reforms will come in specifically. However, I will attach a link to show you how the changes to the ROA will help you here; http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/legislation/reform-of-rehabilitation-of-offenders-act-1974-by-legal-aid-sentencing-and-punishment-of-offenders-act-2012,1647,NAP.html "

Don't know whether the above is of any use or interest to any one but I'm quite distressed as the news of these reforms has been in the media since 2012. Even more unsettlingly the implemention date was widely touted as November 2013, now I'm led to believe it is likely to be Spring 2014.

[juliesearle]

all changes came into effect from march 10th 2014...have had my conviction cut , and is now spent..a stupid offence some 8 years ago, i deeply regret, so glad this has come in...xxx

[softtouch]

Well, I actually started my new job on 03 March and very sincerely hope my employer doesn't tap me on the shoulder and say Cheerio!!

I gave them permission for the Basic Disclosure Scotland search in early January so am hoping they will not be doing so.