Monthly Archives: March 2014

Implementation of ROA1974 changes in England and Wales

Blog Posts

Reforms update driving endorsements – our thoughts but not legal advice.

This story has more twists and turns than a whodunit crime drama. The MOJ Guidance(1) explains a bit more detail about the driving endorsements.

This technical guidance implies the following absurd scenarios:

Joe is convicted for stealing a car and gets a speeding endorsement at the same time, he gets a fine and a driving endorsement. The fine would normally be spent after a year but under new legislation, the driving endorsement would hook on to that car theft conviction so if would not be spent for 5 years.

Jane was convicted for shoplifting which is related to her drug problem and she received a Drug Treatment and Testing Order for 6 months which she completes. She completed the order and turned her life around and the conviction was due to become spent 12 months after the order but she picked up an endorsement for speeding just before this was to become spent. This endorsement has a 5 year rehabilitation period and hooks her unspent conviction for a further 5 years.

In reality the way that endorsements are recorded on police systems are inconsistent  and  it is unclear what data and algorithms will be used in producing Basic Disclosure Certificates – therefore practicalities of disclosure are inconsistent with the legislation. Disclosure Scotland have now agreed to issue basic certificates in England and Wales which only show unspent convictions with the changes applied.(2) We have asked them more questions and will update you when we get answers. In the meantime the best solution is to use Basic Disclosure Certificates (if you are in any doubt) to define disclosure requirements for jobs which are protected by the ROA1974 Act. The best practical advice in the meantime is that some endorsements will show up and hook unspent convictions for 5 years but they usually won’t.

The legal advice on this is complicated and inconsistent and the mess will not be easy to rectify.

Background

Basically the motor insurance industry was concerned because the original reforms reduced the requirement to disclose most driving endorsements to 1 year.

ROA 1974 gives people the right to be free from most discrimination including insurance discrimination on the grounds of spent convictions but the insurance industry uses endorsements as a risk proxy for 5 years – which would have been illegal.

So Schedule 2 driving endorsements(3) were given a 5 year rehabilitation period for which there is a degree of logic – but that’s where the logic ends

For practical training to help people with convictions to get and keep a job the Apply With Conviction Training for advisers wraps evidence based practice around the relevant legislation.

We are continuing to work with a wide range of partners to get the best possible information. Much more detailed information is available at www,unlock.org.uk and www.nacro.org.uk

1. MOJ Guidance on changes to ROA 1974

2. Disclosure Scotland Guidance on changes to basic disclosure certificates

3. Road Traffic Offenders Act 1988 Schedule 2 offences include speeding and refusing a breath test.

Scottish colleague update

Disclosure, Recruitment,

Dear colleague,

On 10th March 2014, the 1974 Rehabilitation of Offenders Act will be revolutionised in England and Wales. Up to 1.5 million people every year will no longer have to disclose their convictions for most jobs.

These changes will not apply in Scotland and it is important that advisers are very clear about this. Incorrect advice can significantly obstruct job opportunities. For example, over-disclosure of convictions when there is no requirement or in this instance under-disclosure which can be as obstructive.

From research in England, we believe that around 45% of people claiming JSA have a criminal conviction (excluding driving endorsements) so this is a mainstream issue – but sometimes specialist support is required.

Recruit With Conviction Ltd is the not for profit organisation committed to promoting safe, effective and sustainable employment for people with convictions. Please note that we do not deliver direct services to individuals and if specialist support is required then you should make an appropriate referral to your local specialist service. e.g. Apex Scotland, Access to Industry or JCP Disclosure Service in the West of Scotland.

The Scottish Government is working to develop a unique solution for Scotland. We along with a number of additional partners are supporting this work but no changes are imminent.

For more information about the employment of people with convictions and training for advisers and employers, please see our website www.recruitwithconviction.org.uk.

We would be grateful if you could forward this information to colleagues.

Richard, Roger & Dughall.

Directors Recruit With Conviction Ltd