Rehabilitation of Offenders Act and spent and unspent convictions
The Rehabilitation of Offenders Act 1974 gives people with spent convictions and cautions the legal right not to disclose them when applying for most jobs and for other purposes, like when buying insurance.
Apart from those individuals who are given prison sentences of more than 4 years, most people with convictions will benefit from it at some point in their lives. The table below sets out the time it takes for the main sentences to become spent following the changes that were introduced in 2014. This is known as the ‘rehabilitation period’ for the conviction. A conviction may have a number of rehabilitation periods depending on the sentence – in this situation, the longest one applies. Click on the table to view a larger version courtesy of 'Unlock'
CMAA Ex Offenders Policy
As a Martial Arts Association using the Disclosure and Barring Service (formerly the Criminal Records Bureau) service to assess prospective Instructors, or other persons, suitability for positions of trust whilst running a club or clubs within our group, the CMAA complies fully with the DBS Code of Practice and undertakes to treat all Instructors & applicants for other roles fairly. The CMAA undertakes not to discriminate unfairly against any subject of a disclosure on the basis of conviction or other information revealed.
The CMAA is committed to the fair treatment of its members and Instructors or other users of this service, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, and physical/mental disability or offending background. However we reserve the right to reject Instructor membership applications based on certain convictions, stalking and harassment for example, in order to safeguard potential students.
We have written this policy on the recruitment of ex-offenders, which will be made available to all disclosure applicants, should they wish to view it, at the outset of the recruitment process.
The CMAA actively promotes equality of opportunity for all with the right mix of talent, skills and potential. We welcome applications from a wide range of candidates, including those with criminal convictions. We approve all Instructors for membership based on skills, valid Martial Arts qualifications and experience.
Disclosure within the CMAA is required for ALL Level 1 Instructors, as they will be left in sole charge of Children. This requirement is in-line with a risk assessment carried out during the formation of the CMAA.
In line with this the CMAA membership/information pack contains the following statement:
‘It is CMAA policy that all Instructors must be screened by the Disclosure and Barring Service or Disclosure Scotland, every 2 years, with which we are registered as an Umbrella Body.’
As the CMAA insists on all new prospective Instructors, or other persons, submitting to a Disclosure, we encourage all to provide details of any criminal record before the Disclosure goes ahead. Information is only given to CMAA President Andrew Morrell and is treated in the strictest confidence and dealt in line with the DBS Code of Conduct.
As our Instructors are to be left in sole charge of children we request all applicants to declare information about both spent (under the
Rehabilitation of Offenders Act 1974) and unspent convictions.
We ensure that all within the CMAA who are, or will be, involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. We will also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
All discussions on offences with prospective Instructors, or other persons, are carried out in an open and measured manner on the subject of any offences that may affect the role of an Instructor within the CMAA.
We make every applicant aware of the way his or her Disclosure will be dealt with, in accordance with the DBS Code of Practice. A copy of which will be made available if requested.
The CMAA undertakes to discuss any matter revealed in a Disclosure with the prospective Instructor, or other person, before refusing