Civil Service and criminal record...

molerat

Denning. wrote: »

I find it alarming anyone can live in this country without a passport or birth certificate.

Why do you need a passport to live in this country, you only need one if you wish to leave the country ? The only people who really need one, and of course will always have one, are money launderers and terrorists

This ID lark is very strange. The government is quite happy to provide me with a pension for the many years I worked for them in various security cleared positions so they must know who I am, but it is very difficult for me to prove to them who I am as I do not hold enough of their "valid" documents

keyser666

TrickyWicky wrote: »

I can't believe you'd rather have the op risk loosing the job if they get it..

They wont the law is very clear on this

SandA

Does anyone know what type of disclosure I will actually need to do?


The vacancy doesnt doesn't say what type it will be? is there such a thing as a 'basic disclosure' which only asks for 'convictions'.. I have seen that show up while I have been researching... or would it be a 'standard' check I would need?

Thank you

Yorkie1

I think they will do the DBS check and the level of the check will depend on your role - that advert doesn't mention an enhanced DBS check so I would presume for now that it will not be enhanced.

The advert should make it clear whether or not the post is exempt from the Rehabilitation of Offenders Act, and when you are asked in the online application form about any previous convictions or cautions, you answer accordingly. There is always an email address for enquiries - and you could use a different email account to enquire about this aspect before making the application from your main address if you want.

SandA

Yorkie1 wrote: »

I think they will do the DBS check and the level of the check will depend on your role - that advert doesn't mention an enhanced DBS check so I would presume for now that it will not be enhanced.

The advert should make it clear whether or not the post is exempt from the Rehabilitation of Offenders Act, and when you are asked in the online application form about any previous convictions or cautions, you answer accordingly. There is always an email address for enquiries - and you could use a different email account to enquire about this aspect before making the application from your main address if you want.

Double checked, no mention of rehabilitation. Literally states what I have stated above.

usefulmale

Another blistering success for the CRB/DBS check. A playground spat is going to hamper you till the day you die. Well proportionate, eh?

SandA

usefulmale wrote: »

Another blistering success for the CRB/DBS check. A playground spat is going to hamper you till the day you die. Well proportionate, eh?

In all fairness, if it was common assault it won't anymore because it will be filtered off. If it is ABH then it will come up. Hence my dilemma.

Theres a chance that I don't declare that it will not show up, but theres that seed of doubt that it may be ABH I got reprimanded for.

You live and learn I guess. Have done a subject access today, but I doubt it'll get to me before I am required to do declare, worth a shot I guess. Just maybe it'll turn up quicker then 40 days.

Yorkie1

OP, am I right that you were cautioned for either common assault or ABH when you were under 18?

Is that what we're dealing with here?

SandA

Yorkie1 wrote: »

OP, am I right that you were cautioned for either common assault or ABH when you were under 18?

Is that what we're dealing with here?

Yes, was a minor at the time. I am an adult now.

It was a minor incident, I never left any marks - maybe a red mark? definitely no bruises or anything like that!


I applied for a subject access a few years back and it was on there, as a reprimand. I just can't for the life of me remember if it was 'common assault' or 'assault causing actual bodily harm'.

Horrible dilemma really, feel like its a loose loose situation.

Yorkie1

I don't understand why you think the distinction between common assault and ABH matters in this context? Where did you get this information?

A caution or reprimand is spent as soon as it is issued, for the purposes of the Rehab of Offenders Act. This means that unless the post is one exempted from the RoOA, you do not need to declare any spent cautions / reprimands / convictions.

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

What is the Rehabilitation of Offenders Act 1974?
[FONT=Arial,Arial][FONT=Arial,Arial]The Rehabilitation of Offenders Act 1974 exists to support the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.
Under the Act, following a specified period of time which varies according to the disposal administered or sentence passed, all cautions and convictions (except those resulting in prison sentences of over 30 months) are regarded as ‘spent’. As a result the offender is regarded as rehabilitated.
For most purposes the Act treats a rehabilitated person as if he or she had never committed an offence and, as such, they are not obliged to declare their caution(s) or conviction(s), for example, when applying for employment or insurance.

Now, the 30 months reference has changed since that pdf was written but the changes don't affect the principles relating to reprimands or cautions.

You have said that the advert for the job does not state that it is exempt from the RoOA. Therefore it appears that you do not need to disclose this.

I suggested earlier in the thread that you could enquire anonymously using a different, non-identifiable email address whether the post is exempt from the RoAA and therefore whether a spent juvenile reprimand must be disclosed.
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