The rehabilitation of offenders Act sets out rehabilitation periods after which convictions may become spent; which means they will not appear on a Basic Disclosure check as only unspent convictions are revealed.
The Ministry of Justice have announced reforms in England and Wales which will cut the amount of time some offenders need to disclose details of any low level convictions.
This legislation applies to Basic Disclosures only in England and Wales, meaning that as of 10th March 2014, the content of a Basic Disclosure Certificate may differ depending on whether the application is processed in England and Wales or in Scotland.
Please be aware that a Basic Disclosure certificate will still show any unspent criminal convictions an individual may have on their criminal record.
Only the time which the conviction takes to become spent may differ depending on whether the application for the certificate is processed under the legislation that now applies in England & Wales or the legislation which still applies in Scotland.
The employers who submit the Basic checks on their staff may wish to consider how these changes could affect them, depending on where the Basic Disclosure Certificate is being carried out.
If you have any questions or require further information about how this may affect you obtaining Basic Disclosure Certificates on your staff please call and speak with a Personnel Checks advisor on 01254 355688.