Before completing your criminal convictions section please read our policy regarding candidates with criminal convictions.
This form must be completed by candidates seeking work in roles which are exempt from the Rehabilitation of Offenders Act 1974. For this reason you are required to disclose information about both spent and unspent convictions. If you do not wish to be put forward for roles which are exempt from the Rehabilitation of Offenders Act 1974 you are not required to complete this form. Please ask for the general registration form.
You are not required to declare any information about ‘protected’ offences (offences to which the filtering rules apply). If you require further information about convictions which are unspent/spent or protected please see the additional guidance sheet attached to this form or you can contact organisations such as NACRO or Unlock for further assistance.
If you have declared any convictions you are welcome to provide us with any additional information that you think may be relevant and which will help us to determine your suitability to be put forward for roles with our clients. This could include for example information about the circumstances of the offence, any work (paid or voluntary) or training that you have undertaken since, change in your circumstances etc.
We will seek to put forward/supply the best possible candidates to our clients. Having a criminal conviction will not necessarily exclude you from the process.
Failure to declare a conviction may require us to exclude you from our register if the offence is not declared but later comes to light. If you are working in an assignment with a client at the time that we are made aware of a conviction that have not disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.
NOTE: Sentences of imprisonment of more than 48 months can never be spent.
Sentence | Rehabilitation period for adult offenders | Rehabilitation period for young offenders under the age of 18 |
---|---|---|
Imprisonment of more than 30 months and up to or consisting of 48 months | 7 years from the date the sentence is completed | 42 months from the date the sentence is completed |
Imprisonment of more than 6 months and up to or consisting of 30 months | 48 months from the date the sentence is completed | 24 months from the date the sentence is completed |
Imprisonment for 6 months or less | 24 months from the date the sentence is completed | 18 months from the date the sentence is completed |
Dismissal from HM’s Service | 12 months from the date of conviction | 6 months from the date of conviction |
Detention | 12 months from the date the sentence is completed | 6 months from the date the sentence is completed |
Fine | 12 months from the date of conviction | 6 months from the date of conviction |
Compensation order | The date on which the payment is made in full | The date on which the payment is made in full |
Community or youth rehabilitation order | 12 months from the date provided for by or under the order | 6 months from the date provided for by or under the order |
A relevant order | The date provided for by or under the order | The date provided for by or under the order |
The following text is provided by the Disclosure and Barring Service (DBS) copied here under the Open Government Licence
DBS checks: eligibility guidance
Under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the act.
Your Legal Responsibility
Before an organisation considers asking a person to make an application for a Disclosure and Barring Service (DBS) check, they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.
The information below includes the latest amendments introduced as a result of the Protection of Freedoms Act 2012 and describes occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974. This is not an exhaustive list as some roles included in the list of exceptions obtain conviction information via other means.
The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law.
Standard checks – To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.
Enhanced checks – To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations.
Enhanced checks with children’s and/or adults’ barred list check(s) – To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the new definition of regulated activity. There are a small number of other positions for which you can also request list checks.
Using the reference numbers
The reference numbers in the tables below are used by DBS as a reference point only for dealing with enquiries about DBS check eligibility. If you are contacted to confirm eligibility for a position you must provide full details of the job role and explain how the relevant legislation supports the application for a DBS check. It is not sufficient to provide a reference number without supporting evidence.
Please note, as a result of the changes introduced in September 2012, by the Protection of Freedoms Act 2012, the reference numbers have changed significantly.
Where to find further guidance
If you are unsure about whether a position is eligible for a DBS check you should refer to any guidance provided for the job sector, consider obtaining legal advice on the requirements to obtain criminal records checks.
You can also contact the DBS for further advice via email at customerservices@dbs.gsi.gov.uk ; please include the job specification and the roles and duties of the position.
Positions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
Any work which is currently defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006. | 01(a) |
Any work which was defined as regulated activity relating to children within the meaning of Schedule 4 Part 1 of the Safeguarding Vulnerable Groups Act 2006 before the coming into force of section 64 of the Protection of Freedoms Act 2012 on 10th September 2012. | 01(b) |
Any work which is currently defined as regulated activity relating to adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act 2006. | 02(a) |
Any work which was defined as regulated activity relating to vulnerable adults within the meaning of Schedule 4 Part 2 of the Safeguarding Vulnerable Groups Act before the coming into force of sections 65 and 66 of the Protection of Freedoms Act 2012 on 10th September 2012. | 02(b) |
Any office or employment which is concerned with: a) the provision of care services to vulnerable adults. b) the representation of, or advocacy services for, vulnerable adults by a service that has been approved by the Secretary of State or created under any enactment; and which is of such a kind as to enable a person, in the course of his normal duties, to have access to vulnerable adults in receipt of such services. |
03 |
Any work in a regulated position within the meaning of Part 2 of the Criminal Justice & Court Services Act 2000. This does not include those working with 16/17 year olds on work experience. | 04 |
Any work in a further education institution or 16 to 19 Academy where the normal duties of that work involve regular contact with children. | 05 |
Any position which otherwise involves regularly caring for, training, supervising or being solely in charge of children. | 06 |
Any position which otherwise involves regularly caring for, training, supervising or being solely in charge of vulnerable adults within the meaning of section 59 of the Safeguarding Vulnerable Groups Act 2006 as it had effect immediately before the coming into force of section 65 of the Protection of Freedoms Act 2012. | 07 |
Professions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
Healthcare Professional – A person who is regulated by a body mentioned in subsection (3) of section 25 of the National Health Service Reform and Health Care Professions Act 2002. | 08 |
Barrister (in England and Wales), solicitor. | 09 |
Chartered accountant, certified accountant. | 10 |
Professions eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
Veterinary surgeon. | 11 |
Actuary | 12 |
Registered foreign lawyer | 13 |
Legal executive | 14 |
Receiver appointed by the Court of Protection | 15 |
Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
Judicial appointment | 16 |
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service. | 17 |
Designated officers for:
|
18 |
Clerks (including deputy and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, Sheriff’s clerks (including sheriff’s clerks’ deputy) and their clerks and assistants. | 19 |
Police constables or persons appointed as police cadets and persons employed for the purposes of assisting constables of a Police Force established under any enactment; naval, military and air force police. | 20 |
Any employment within the precincts of:
|
21 |
Traffic wardens | 23 |
Probation officers | 24 |
Any employment or other work which is concerned with the provision of health services and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to persons in receipt of such services in the course of his normal duties. | 25 |
Financial Services position – This means all positions for which the Financial Services Authority or the competent authority for listings are entitled to ask exempted questions to fulfil their obligations under the Financial Services and Markets Act 2000. | 26 |
Those working within an Authorised Payment Institution as:
|
27 |
Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
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Any occupation which is:
|
28 |
Any employment in the Royal Society for the Prevention of Cruelty to Animals (the RSPCA) where the person employed or working, as part of his duties, may carry out humane killing of animals. | 29 |
Any office or employment in the Serious Fraud Office. | 30 |
Any office or employment in the Serious Organised Crime Agency (SOCA). | 31 |
|
32 |
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet. | 33 |
An individual designated under section 2 of the Traffic Management Act 2004. | 34 |
Court Positions:
The following persons: |
35 |
Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
g) Civilian enforcement officers as defined in section 125A of the Magistrates’ Courts Act 1980 h) Persons who are authorised to execute warrants under section 125B (1) of the Magistrates’ Courts Act 1980, and any other person (other than a constable) who is authorised to execute a warrant under section 125 (2) of the 1980 Act i) Persons who execute clamping orders, as defined in paragraph 38(2) of Schedule 5 of the Courts Act 2003(d)
|
|
People working in the Department for Education or the Office for Standards in Education, Children’s Services and Skills (Ofsted) with access to sensitive or personal information about children. | 36 |
A regulated immigration adviser who provides immigration advice or immigration services under Section 82(1) of the Immigration & Asylum Act 1999(a). This also applies to persons who can act on behalf of and under the supervision of such a registered person. | 37 |
Staff working within the Office of the Public Guardian with access to data relating to children and vulnerable adults | 38 |
The Commissioners for the Gambling Commission and any office or employment in their service. | 39 |
Other activities eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
A person living at the premises where a childminding or day care service is provided or who regularly works on the premises at a time when the childminding takes place | 40 |
A person living in the same household as a person whose suitability is being assessed for a position working with children and who lives on the same premises where their work with children would normally take place | 41 |
Any employment or other work where the normal duties a) involve caring for, training, supervising, or being solely in charge of persons aged under 18 serving in the naval, military or air forces of the crown; or b) include supervising or managing a person employed or working in a capacity referred to in paragraph (a). |
42 |
For adoption purposes | 43 |
For foster caring purposes | 43 |
Individuals seeking authorisation from the Secretary Of State for the Home Department to become authorised search officers. | 43 |
Other activities eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
For the award of public works contracts, public supply contracts and public service contracts in accordance with Directive 2004/17/EC and 2004/18/EC of the European Parliament and of the Council of March 2004(a). | 46 |
Football Stewards, supervisors or managers of football stewards. | 47 |
Approved Legal Services Body Manager | 48 |
Those working for Alternative Business Structures as:
|
49 |
The Commissioner for Older People in Wales, his deputy and any people appointed by the Commissioner, to assist him in the discharge of his functions or authorised to discharge his functions on his behalf. | 50 |
Any employment or other work which is normally carried out in premises approved under section 9 of the Criminal Justice and Court Services Act 2000. | 51 |
Any person who has applied to be granted membership of the Master Locksmiths Association. | 52 |
For National Lottery licensing purposes | 53 |
Licences eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 | Ref No |
---|---|
For the purpose of licensing hackney carriages or private hire vehicle drivers (Taxi driver licences). | 54 |
For licences issued under Section 25 of the Children & Young Persons Act 1933 (This relates to persons under the age of 18 travelling abroad for the purpose of performing or being exhibited for profit). | 55 |
For the purpose of licensing under Section 8 of the Private Security Industry Act 2001 | 56 |
Any person or body required to obtain or retain a licence under regulation 5 of the Misuse of Drugs Regulations 2001 (a) or under article 3(2) of Regulation 2004/273/EC (b) or under article 6(1) of Regulations 2005/111/EC(c). | 57 |
Police and Crime Commissioners | 58 |