Information shared by our friends at Disclosure Scotland…
We would like to respond to the recent changes in legislation covering spent conviction information which is detailed on higher level disclosure certificates (standard, enhanced and PVG).
What are the Changes?
- Legislation has come into force that changes the content of higher level disclosures
(Standard, Enhanced and PVG disclosures)
- The legislation also changes the law in relation to what an individual has to disclose to employers. These changes mean there could be less spent conviction information being disclosed on higher level disclosure, however, public protection continues to be at the forefront of consideration.
Further information regarding the legislation, background information and both lists of offences can be viewed here http://www.disclosurescotland.co.uk/news/index.htm.
What does this mean for you?
There will be no changes to higher level applications with no conviction information nor will there be any changes on the completion of Disclosure Application forms, they should be still be completed as normal, however there are key changes to higher level disclosures (Standard, Enhanced disclosures and PVG scheme records) which are:
- certain spent convictions will continue always to be disclosed due to the serious nature of the offence;
- rules will be applied to certain spent convictions to determine the content of spent conviction information on higher level disclosures; (please refer to the process map below);
- spent cautions (within the meaning given in schedule 3 of the Rehabilitation of Offenders Act 1974) will not be disclosed;
- individuals who have a spent conviction for certain offences which has not yet reached the point at which the rules would prevent disclosure of the conviction can indicate to Disclosure Scotland that they intend to make an application to a Sheriff for an order to have certain spent conviction information removed from a higher level disclosure;
- where an application to a Sheriff is made, the issue of a higher level disclosure to the person who countersigned the disclosure application or request will not take place until the Sheriff has made a determination on the application;
- the information that can be included on the scheme record update issued under section 53 of the 2007 Act will be changed – scheme record updates will only be issued if a person has no conviction information on their scheme record; and
- Scottish Ministers will treat scheme record update requests as if they were a scheme record request if a person has conviction information on their scheme record (at no additional cost).
Disclosure Scotland’s spent conviction process: