Criminal Convictions: Request For Information

Introduction

This form (via the SupplyWell app) is used to request information from candidates about criminal convictions. 

Candidates are not required to disclose information about convictions which are spent unless they are specifically registering for work which is exempt from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020).

SupplyWell has a lawful reason to request information about both spent and unspent criminal convictions due to the type of work that you are registering for: 

As we operate in a sector which routinely places candidates/supplies candidates into roles which are exempt from the Rehabilitation of Offenders Act, we can ask candidates to disclose both spent and unspent convictions. We do this by asking candidates to complete this form.

Candidates are not required to disclose information about protected offences (offences which are subject to the filtering rules which was updated in November 2020 to include additional convictions and cautions).

The amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (2013 and 2020) provides that when applying for certain jobs and activities, certain convictions and cautions are considered ‘protected’. You are not required to provide any information about protected (filtered) offences. This means that they do not need to be disclosed to employers, and if they are disclosed, employers cannot take them into account.

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  has not been disclosed to us, we may be legally required to inform our client of that information and your assignment may be terminated.

Notes To Candidates

1. Before completing this section please read our Recruitment of ex offenders Policy provided in Appendix 4 (below);
2. 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;
3. You are not required to declare any information about ‘protected’ offences (offences to which the filtering rules apply);
4. If you require further information about convictions which are unspent/spent or protected please see the additional guidance in Appendices 1-3 (below) or you can contact organisations such as NACRO or Unlock for further assistance;
5. Candidates must complete PART A and the declarations in PART B and sign this form.

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.

Data Protection Statement

When we process your personal data we must do so in accordance with data protection laws.  Those laws require us to give you a Privacy Statement to explain how we manage your personal data. Please see our Privacy Statement. 

SupplyWell provides work-finding services to its clients and work-seekers. We must process personal data (including sensitive personal data) so that we can provide these services – in doing so, we act as a data controller.  This is why we have asked for your personal data on this form.  

This form asks for sensitive personal data. Sensitive personal data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data, data concerning health, an individual’s sex life or sexual orientation and an individual’s criminal convictions. Specifically, this form requests sensitive personal data about criminal records.

We are legally obliged to obtain this data as it is relevant to the particular roles we are recruiting for. We have a legal basis for processing this data because the roles we are seeking candidates for are exempt from the Rehabilitation of Offenders Act 1974. If we do not undertake this check we will not be able to introduce or supply you to a client. 

SupplyWell will retain your personal data only for as long as is necessary for the purpose we collect it. Different laws may also require us to keep different data for different periods of time. 

The Conduct of Employment Agencies and Employment Businesses Regulations 2003, require us to keep work-seeker records for at least one year from (a) the date of their creation or (b) after the date on which we last provide you with work-finding services.

We must also keep your payroll records, holiday pay, sick pay and pensions auto-enrolment records for as long as is legally required by HMRC and associated national minimum wage, social security and tax legislation. 

APPENDIX 1: REHABILITATION PERIODS 

Note: Sentences of imprisonment for life, detention/preventive detention, custody for life, public protection sentences (as set out In Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006) and any sentence of imprisonment, youth custody, detention In a young offender institution or corrective training of over 4 years under Schedule 18 , can never be spent. 

The time periods below will be extended if re-offending occurs during the declaration period. Any new conviction will be subject to its own disclosure period and both will need to be declared until the end of the active period of the conviction which ends last.

Sentence	Rehabilitation period if aged 18 or over when convicted or disposal administered	Rehabilitation period if aged under 18 when convicted or disposal administered
Imprisonment of more than 4 years(not for a Schedule 18 offence)	7 years from the date the sentence is completed	42 months from the date the sentence is completed
Imprisonment of more than 12 months and up to or consisting of 4 years (Including suspended sentences)	4 years from the date the sentence is completed	2 years from the date the sentence is completed
Imprisonment for 12 months or less	12 months from the date the sentence is completed	6 months from the date the sentence is completed
Removal from HM's Service	12 months from the date of conviction	6 months from the date of conviction
A sentence of service detention	12 months from the date the sentence is completed	6 months from the date the sentence is completed
A severe reprimand or reprimand under the Armed Forces Act 2006	12 months from the date of conviction	6 months from the date of conviction
Fine	12 months from the date of conviction	6 months from the date of conviction
Driving endorsements	5 years from the date of conviction	2 years 6 months from the date of conviction
Driving disqualification	When the period of disqualification has ended	When the period of disqualification has ended
Compensation order	The date on which the payment is made in full	The date on which the payment is made in full
Simple caution/youth caution	Spent immediately	Spent immediately
A relevant order	The date provided for by or under the order or if no date provided, 2 years from the date of conviction. If the order states "unlimited", "Indefinitely" or "until further order" it will remain unspent	The date provided for by or under the order or if no date provided, 2 years from the date of conviction. If the order states "unlimited", "Indefinitely" or "until further order" it will remain unspent
Absolute discharge	Spent immediately	Spent immediately
Conditional caution, diversionary caution (introduced under the PCSC Act 2022 and are due to come into force in 2024) or youth conditional caution	3 months or when caution ceases to have effect if earlier	3 months or when caution ceases to have effect if earlier

APPENDIX 2: DBS ELIGIBILITY GUIDANCE

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 (Exceptions) Order 1975 (2013 and 2020), 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 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 (Exceptions) Order 1975 (2013 and 2020). 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 1974 (Exceptions) Order 1975 (2013 and 2020). 

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: magistrates’ courts justices of the peace local justice areas justices’ clerks assistants to justices’ clerks	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: a prison a remand centre a removal centre a short term holding facility a detention centre a Borstal institution a young offenders institution members of boards of visitors (England & Wales)	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: Directors and managers Holders of qualifying holdings Controllers of the Authorised Payment Institution	27

Offices, employments and works eligible for DBS checks taken from the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975	Ref No
Any occupation which is: concerned with the management of a place in respect of which the approval of the Secretary of State is required by section 1 of the Abortion Act 1967; or, carrying on a nursing home in England and Wales in respect of which registration is required by Section 187 of the Public Health Act 1936 or Section 14 of the Mental Health Act.	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
The Commissioners for Her Majesty’s Revenue and Customs and any office or employment in their services The Director and any office or employment in the Revenue and Customs Prosecutions Office	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: Judges’ clerks, secretaries and legal secretaries within the meaning of section 98 of the Supreme Court Act 1981(c) Court officers and court contractors who, in the course of their work, have face to face contact with judges of the Supreme Court, or access to such judges’ lodgings Persons who in the course of their work have regular access to personal information relating to an identified or identifiable member of the judiciary Court officers and court contractors who, in the course of their work, attend either the Royal Courts of Justice or the Central Criminal Court Court security officers and tribunal security officers Court contractors who, in the course of their work, have unsupervised access to court-houses, offices and other accommodation used in relation to the courts Contractors, sub-contractors, and any person acting under the authority of such a contractor or sub-contractor, who, in the course of their work, have unsupervised access to tribunal buildings, offices and other accommodation used in relation to tribunals The following persons: a) Court officers who execute county court warrants b) High Court enforcement officers c) Sheriffs and under-sheriffs d) Tipstaffs e) Any other persons who execute High Court writs or warrants who act under the authority of a person listed at (a) to (d) f) Persons who execute writs of sequestration	35

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) the Official Solicitor and his deputy Persons appointed to the office of Public Trustee or deputy Public Trustee, and officers of the Public Trustee Court officers and court contractors who exercise functions in connection with the administration and management of funds in court, including the deposit, payment, delivery and transfer in, into and out of any court of funds in court, and regulating the evidence of such deposit, payment, delivery or transfer, and court officers and court contractors who receive payment in pursuance of a conviction or order of a magistrates' court
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	44
Individuals seeking authorisation from the Secretary Of State for the Home Department to become authorised search officers.	45

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: Head of Finance and Administration of a licensed body approved under schedule 11 of the Legal Services Act 2007 Head of Legal Practice of a licensed body approved under schedule 11 of the Legal Services Act 2007 Owners of a licensed body approved under schedule 13 of the Legal Services Act 2007	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

APPENDIX 3: DBS GUIDANCE

Filtering rules for criminal record check certificates 

The ‘Filtering rules for criminal record check certificates’ document is produced by the Disclosure and Barring Service.  It is copied here under the Open Government Licence

Filtering rules for criminal record check certificates

When did the law change in relation to what is disclosed on Standard and Enhanced certificate?

Filtering rules were first introduced on 29 May 2013 when amendments were made to legislation that affected both what an employer can ask an individual in relation to convictions and cautions (for example a self-declaration on an application form of ‘do you have any convictions’), and what is disclosed on a Standard or Enhanced DBS certificate.

These rules were updated on 28th November 2020 as follows:

• warnings, reprimands and youth cautions will no longer be automatically disclosed on a DBS certificate
• the multiple conviction rule has been removed, meaning that if an individual has more than one conviction, regardless of offence type or time passed, each conviction will be considered against the remaining rules individually, rather than all being automatically disclosed.

For those 18 or over at the time of the offence:

An adult conviction will be removed from a DBS criminal record certificate if:

• 11 years have elapsed since the date of conviction; and
• it is the person’s only offence, and 
• it did not result in a custodial sentence.

Even then, it will only be removed if it does not appear on the list of offences relevant to safeguarding.  If a person has more than one offence, then details of all their convictions will always be included.

An adult caution will be removed after 6 years have elapsed since the date of the caution – and if it does not appear on the list of offences relevant to safeguarding.

For those under 18 at the time of the offence:

• The same rules apply as for adult convictions, except that the elapsed time period is 5.5 years
• The same rules apply as for adult cautions, except that the elapsed time period is 2 years. 

APPENDIX 4: POLICY ON THE RECRUITMENT OF EX-OFFENDERS

This policy on the recruitment of ex-offenders is made available to all candidates.

As an organisation assessing applicants’ suitability for positions which are included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order using criminal record checks processed through the Disclosure and Barring Service (DBS), SupplyWell complies fully with the DBS code of practice and undertakes to treat all applicants for positions fairly.

SupplyWell can only ask an individual to provide details of convictions and cautions that SupplyWell is legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended).

• SupplyWell undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.
• SupplyWell can only ask an individual about convictions and cautions that are not protected.
• SupplyWell is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependents, age, physical/mental disability or offending background.
• SupplyWell actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcomes applications from a wide range of candidates, including those with criminal records.
• SupplyWell selects all candidates for interview based on their skills, qualifications and experience.
• An application for a criminal record check is only submitted to DBS after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a criminal record check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
• SupplyWell ensures that all those in SupplyWell who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences.
• SupplyWell also ensures 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.
• At interview, or in a separate discussion, SupplyWell ensures that an open and measured discussion takes place on the subject of any offences or other matters that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment.
• SupplyWell makes every subject of a criminal record check submitted to DBS aware of the existence of the DBS code of practice and shares this link.
• SupplyWell undertakes to discuss any matter revealed on a DBS certificate with the individual seeking the position before withdrawing a conditional offer of employment.