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For people with criminal records
For people with criminal records

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To disclose or not to disclose?

Download: To disclose or not to disclose [PDF]

On this page:

The golden rule – “You only have to disclose if you’re asked”

  1. Our general view is that you shouldn’t voluntarily disclose.
  2. If an employer wants to know, then they should ask you.

Exceptions to the golden rule – When you might disclose even if you’re not asked

Although you legally don’t have to disclose unless you’re asked, it’s sometimes not as simple as that. Technically, you won’t have done anything wrong by not disclosing if you’re not asked, but ultimately, it can be hard to challenge an employer who later finds out, particularly if you’ve only recently started the job, as you have very few legal rights. There’s a couple of scenarios that we often come across where, on reflection, individuals may have been better-off disclosing. However, this is ultimately something you have to decide in your own case.

This might apply in the following situations:

You might think that you’ve not been asked about your criminal record. However, if the employer is going to carry out a formal criminal record check, you might be better off disclosing whatever will come back on the level of check that they’ll be carrying out.

Most employment  positions that are not covered by the Rehabilitation of Offenders Act 1974 will involve a standard or enhanced check. Even if they don’t ask about convictions or criminal records during the initial recruitment process, they might state in their company policy that they will do. Yet remember – they’ll still need your consent before being able to do a criminal record check on you.


Although our general view is that people shouldn’t voluntarily disclose, some people prefer to disclose even if they don’t have to. For some roles, your past might actually help – for example, you might be applying for a ‘peer’ role.


If you’re subject to licence, probation, MAPPA or police notification, you need to be aware that these authorities may come to a decision as to whether they wish to inform a potential employer of your past (or ask you to disclose), even if the employer hasn’t asked you about convictions. This varies on a case-by-case basis, so you should keep them up to date with the details of the jobs you’re applying for.


This is a difficult scenario, because the chance that the employer might find out shouldn’t normally be enough to suggest that you should disclose even if you’re not asked. As a result, this is something which has to be decided on a case-by-case basis – for example, if your case has been featured in the local press, if you’re well-known known locally, or if you’re going into a high-profile role.


If you’re barred from working with specific groups (for example if you’re on the ‘children’ or ‘adult’ barred lists) then it is illegal for you to even attempt to work with the groups that you’re barred from.



Exceptions to the golden rule – When you might not disclose even if you are asked

This might apply in three particular situations:

Employers are only allowed to ask about certain cautions or convictions. What the employer is allowed to ask, and so what you need to disclose if they do ask, depends on the role that you’re applying for:

  1. If the job is covered by the Rehabilitation of Offenders Act, you only have to disclose unspent convictions – even if the employer asks you to disclose spent convictions too.
  2. If the job is not covered by the Rehabilitation of Offenders Act and an employer is doing a standard or enhanced check, you only have to disclose cautions and convictions that are not yet filtered – even if they employer asks you to disclose “all” cautions and convictions.

If you have strong evidence to suggest that the employer is carrying out an ineligible check, you can decide to challenge this first (particularly if you have spent convictions). For information on the types of jobs not covered by the Rehabilitation of Offenders Act, click here.


For example, you might get asked on an application form, but you might decide to disclose at interview instead. For more information on when to disclose, click here 


If you’re asked to disclose and you don’t when you should have

Some people take a risk and choose not to disclose even when they should have.

Pro’s

  1. The employer might not check
  2. You might think you’re more likely to get the job
  3. If it’s just temporary work, you might think it’s worth the risk
  4. You might want to get a chance to prove yourself before they find out

Con’s

  1. The employer could see it as a breach of trust
  2. The employer could withdraw their job offer
  3. The employer will have grounds for dismissal at a later stage
  4. You could be prosecuted – for example, under s.2 of the Fraud Act 2006. There are examples like this.
  5. If you’re on licence, you could be recalled
  6. You’ll be forever looking over your shoulder

 

Download: To disclose or not to disclose [PDF]

Referral order (under 18)

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

 

Who is it issued by and how can I contact them?

A referral order can be issued by the youth (magistrates’) court, the adult magistrates’ court or the Crown Court. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes – it can only be issued when you plead guilty.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be referred to in any future criminal proceedings – it is rare for a young person to receive a second referral order so any further charges could result in a more serious sentence.

When does it become spent?

As soon as the order has been discharged i.e. at the end of the referral order period as long as the conditions have been met.

When do I have to declare it?

Referral orders fall under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed on both standard and enhanced checks unless it is eligible for filtering. Once spent, it is not disclosed on a basic check.

What guidance is there on fair process?

  • There is CPS guidance on referral orders
  • Guidance for the courts, Youth Offending Teams and Youth Offender Panels from the Ministry of Justice
  • National Standards for Youth Justice Services includes guidance on all youth justice measures.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

A referral order means you are required to attend a youth offender panel. The panel, you, your parents/carers and the victim (where appropriate) agree a contract aimed at repairing the harm that has been caused and addressing the causes of the offending behaviours. A referral order lasts 3-12 months and for this time you would need to comply with the terms of the contract, such as regular meetings with your YOT manager, so that the conviction will become spent at the end of the set period.

Pre 10th March 2014 guide to the Rehabilitation of Offenders Act 1974

Updates to the law

The Rehabilitation of Offenders Act 1974 (ROA) enables some criminal convictions to be not disclosed after a rehabilitation period. Its purpose is that people do not have to disclose a criminal conviction for long periods of time.

The ROA has been reformed as a result of changes in the law in 2012. These came into force on the 10th March 2014.

The changes are ‘retrospective’, which means they apply to convictions received before the 10th March 2014, and in most cases the rehabilitation periods are reduced, so you should start by reading our latest guidance, which is available here.

Why might you need to know what the old law was?

There are some examples where the rehabilitation period has lengthened as a result of the changes. This is particularly the case for:

  1. Further convictions for summary offences – these will now normally drag previously unspent convictions with them
  2. Youth rehabilitation orders (in some cases)
  3. Detention and Training Orders for 12-14 year olds

However, it’s important to realise that anything that was previously spent under the old law cannot now become unspent.

As a result, if you received any of the above sentences before 10th March 2014, you might also want to check the guidance below, as well as use the old version of our Disclosure Calculator (which is also still available).

If, under the old law, your convictions were regarded as spent before 10th March 2014, even if they would now be regarded as unspent under the new law, you’re allowed to treat them as spent convictions.

What is the Rehabilitation of Offenders Act 1974?

The rehabilitation period is automatically determined by the sentence, and starts from the date of the conviction. After this period free of further convictions, the conviction is “spent”, and with certain exceptions you are not obliged to mention a spent conviction in any context, including when applying for a job, or obtaining insurance, or in criminal or civil proceedings.

Certain professions are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job. These include :

  • Those working with children and other vulnerable groups, such as teachers and social workers
  • Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
  • Doctors, dentists, chemists or nurses
  • Accountants

Positions that are exempt from the Act usually involve a standard or enhanced checks.

Coverage

The ROA only covers England and Wales. No other country is bound by this legislation. There are very similar (but not identical) provisions for Scotland and Northern Ireland, but these are not covered by this information.

Rehabilitation periods

The table below sets out the main sentences, orders and warnings and the ‘rehabilitation period’ attached to each. The period starts from the date of warning or conviction, unless otherwise stated.

The time it takes for a conviction to become ‘spent’ depends on the sentence given, not the offence committed (except for the offence of Loitering and Soliciting under the Policing and Crime Act 2009, where the period is six months).

For custodial sentences, the rehabilitation period is decided by using the sentence imposed at court, rather than the time served in custody.

Before selecting a particular sentence, please sure you look at any notes relating to that sentence underneath.

roacurrent

Notes on rehabilitation periods

  1. This has been replaced by the youth rehabilitation order.
  2. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles
  3. This was abolished in 1983.
  4. Care orders in criminal proceedings were abolished by the Children Act 1989 and effectively replaced by a supervision order with residence requirements.
  5. This was replaced by the community punishment and rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  6. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  7. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  8. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  9. This was replaced by the community punishment order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  10. This is an ancillary order which is treated as a sentence in its own right.
  11. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  12. This was abolished in 1988.
  13. This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20 years.
  14. This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20 years.
  15. This is an ancillary order which is treated as a sentence in its own right.
  16. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  17. This is a sentence, but it is not a penalty. It has a rehabilitation period of five years under a general sweep-up provision in the ROA which applies to sentences not otherwise specified.
  18. The rehabilitation period applies even if the offender is subsequently imprisoned for default of a fine.
  19. This is an ancillary order which is treated as a sentence in its own right.
  20. This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  21. This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  22. This was abolished in 2000 and replaced by the detention and training order.
  23. This has been replaced by the youth rehabilitation order.
  24. To be piloted in six areas around the country from mid-2010.
  25. This was abolished in 1988.
  26. This was abolished in 1988.
  27. This replaces a number of orders for offences committed after 30 November 2009.

When the rehabilitation period starts

The rehabilitation period runs from the date of conviction. This is set out in s.5(2) of the Act, which states that the rehabilitation period (as defined in subsections (a) and (b)) are “reckoned in either case from the date of the conviction in respect of which the sentence was imposed”.

Where the sentence is not imposed on the date of conviction, there is potentially a period where you will not be aware of what the rehabilitation period for the conviction is until you receive your sentence. However, sentencing decisions, where they are not made on the date of conviction, usually follow relatively swiftly after it. The shortest rehabilitation period which is available where a conviction is imposed in front of a court is an absolute discharge, where the rehabilitation period is 6 months. It is unlikely that an individual would not have been sentenced by this point. The only exception to this is compensation orders, which become spent once paid, however it is highly unlikely that a court would simply sentence an individual to a compensation order alone.

When asked for details of unspent convictions, it is only the conviction that needs to be disclosed, not the rehabilitation period. Therefore, where you await sentence, you will need to disclose that conviction.

When the offence was committed does not influence the rehabilitation period.

For example, if you committed an offence in 2002 and were not convicted until 2010, the ‘rehabilitation period’ would run from 2010.

Disqualifications

The rehabilitation period for a disqualification is the length of the disqualification. If a person is disqualified (e.g. from driving or from being a company director) and at the same time receives another penalty, the longer of the two rehabilitation periods applies.

For example, if you are banned from driving for seven years and also fined, although the fine becomes spent after 5 years, the rehabilitation period for the conviction (including both the disqualification and fine) would be 7 years, not 5 years.

Endorsements and penalty points

Endorsements

Road traffic legislation does not specify how an endorsement is to be treated for the purposes of the ROA. The case of Power v Provincial is, therefore, the established authority that an endorsement is a sentence, not a penalty. The Court of Appeal said that it has a rehabilitation period of five years under a general sweep-up provision in the ROA, which applies to sentences not otherwise specified. How long the endorsement remains on the licence is irrelevant.

For example, if you are fined for drink driving and have your licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

Penalty points

Penalty points are considered under section 5(8) of the ROA. Section 29(2) of the Road Traffic Offenders Act 1988 provides for totting up of penalty points where offences are committed within three years of each other.

As a result, penalty points alone have a rehabilitation period of three years. However, penalty points are normally issued by courts in combination with a fine, which would mean that it would be 5 years.

Further convictions

If you are convicted of a minor offence (a ‘summary’ offence), which can be tried only in a magistrates’ court, the rehabilitation period for the further conviction will run separately – therefore, the rehabilitation period for the further offence could end before the rehabilitation period for the first offence. Summary offences include most motoring offences, criminal damage of £5,000 or less, drunkenness and kerb-crawling. More details can be found in the user guide of our Disclosure Calculator.

For example, if you received 100 hours community service (5 year disclosure period) and then one year later was fined for a minor offence (which could only be tried in a magistrates’ court, the community service conviction would become spent before the fine. Therefore, once the first conviction became spent, only the fine would need to be disclosed until it became spent.

If the second conviction is either triable either way (can be tried in either court), or indictable (i.e. can only be tried in the Crown Court), then neither conviction will become spent until the rehabilitation period for both is over. This applies even if the first conviction was for a summary offence. If the further conviction leads to a prison sentence of more than 30 months, neither conviction will ever become spent. Once a conviction becomes spent, it remains spent, even if you are subsequently convicted for further offences.

For example, if you received a fine and then one year later was convicted for a serious offence, both convictions would have to be disclosed until the fine became spent.

If, however, the first conviction leads to a prison sentence of more over 30 months, later convictions with fixed rehabilitation periods will become spent separately.

If the first offence was for loitering or soliciting and you are convicted again for the same offence, the rehabilitation period for the first offence will be extended by the second offence, even if the rehabilitation period for the first had expired. This is the only example where a previously spent conviction can become unspent.

Concurrent and consecutive sentences

If you receive two or more prison sentences in the course of the same proceedings, the rehabilitation period will depend on whether the sentences are ordered to run concurrently or consecutively.

Concurrent – Two sentences of 6 months to take effect concurrently are treated as one sentence of 6 months, and therefore have a disclosure period of 7 years.

Consecutive – Two prison sentences of 6 months ordered to run consecutively are treated as a single terms of 12 months, giving a rehabilitation period of 10 years.

Prison sentences ordered to run consecutively to sentences already being served are not affected by this rule.

Breach of court orders

If you are given a community order or conditional discharge order and are later brought before the courts for a breach of that order, this can affect the rehabilitation period applicable to the original conviction.

If the court imposes a further sentence when it deals with the breach, then the original conviction will run on until both rehabilitation periods have expired.

Sometimes the courts may not deal with the breach until after the rehabilitation period applying to the original conviction has already expired. If the court then imposes a further sentence in dealing with the breach, the original conviction will still not become spent until the new rehabilitation period has expired.

Military convictions

The ROA also applies to convictions in the armed forces, including some service offences (see below). However, if the service offence was of a kind which most people would not consider criminal (such as failing to salute an officer), the ROA only applies if the sentence was three months’ detention or more.

The service offences to which the Act always applies are:

Army and Air Force

Navy

LootingCorresponding with, supplying or serving the enemy
Offences relating to property of members of forcesLoss or waste of public and service property
Miscellaneous offences relating to propertyOffences relating to issues and decorations
Making of false statements on enlistmentFalse statements on entry
Making of false documentsFalsification of documents
Scandalous conduct by an officerCruelty or scandalous conduct by an officer
Disgraceful conductDisgraceful conduct

Other than those list above, the ROA only applies to service offences if the punishment awarded was imprisonment, cashiering, discharge with ignominy or dismissal with disgrace from HM Service; dismissal from HM Service; or detention for a term of three months or more. The rehabilitation periods for the various sentences are set out below.

Military sentence

Rehabilitation period

Cashiering, discharge with ignominy or dismissal with disgrace10 years (halved if under 18 at the time)
A sentence of dismissal7 years (halved if under 18 at the time)
A custodial order of more than 6 months (1)7 years (halved if under 18 at the time)
A sentence of detention in respect of conviction in service disciplinary proceedings5 years (halved if under 18 at the time)
A custodial order of 6 months or less (2)3 years (halved if under 18 at the time)
  1. Under the relevant schedules and sections of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 where the maximum period of detention is more than 6 months
  2. Under the relevant schedules and sections of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 where the maximum period of detention specified is 6 months or less

Convictions obtained overseas

A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA.

For example, if you received a sentence of 10 months in prison whilst you lived in Australia, you would have to continue disclosing it in this country for 10 years after conviction, irrespective of what the disclosure periods are in Australia.

However, there is some confusion regarding what to do when a sentence given abroad doesn’t match with those in the ROA. We have spoken to the Ministry of Justice about this and have been informed that, where sentences received abroad do not match with those contained in the Act, the only way to approach it is to find a domestic sentence which is the nearest equivalent. This would appear to be something that you have to decide, as neither the Courts nor the Ministry of Justice operate a process for deciding this process on your behalf. If in doubt, contact the Ministry of Justice Policy team responsible for the ROA – email roa@justice.gsi.gov.uk.

More general information about convictions obtained overseas is available here.

Retention of criminal records

Your conviction will remain on record even after it has become spent – it will not be deleted from the Police National Computer.

Previously, there were mechanisms available where records of reportable offences (i.e. offences which can be tried in the Crown Court, whether or not they actually are) were deleted after 20 years, unless there were further convictions or if there is evidence of mental illness, indecency, drug trafficking or homicide. Records of non-reportable offences could be deleted after 10 years.

However, a Court of Appeal decision in October 2009 ruled that the indefinite retention of criminal records on the PNC was lawful. See the retention and deletion of police records for more information.

Cautions

Cautions, reprimands and final warnings are not criminal convictions and, until 2008, were not covered by the Act. This meant that, technically speaking, people with cautions, reprimands or final warnings, when asked whether they had a criminal record, should have disclosed them.

However, in December 2008, legislation was passed which rectified this rather strange anomaly. Part 4 of Schedule 27 of the Criminal Justice and Immigration Act 2008 states that a caution becomes spent immediately. Conditional cautions become spent after 3 months.

Benefits of the ROA

It means that if you are asked on an application form or at an interview whether you have any previous convictions, you can answer no if the convictions are spent and the job applied for is not an exception from the Act. Under the terms of the Act, a spent conviction shall not be proper grounds for not employing or for termination of employment.

However, if you do not disclose unspent convictions when asked to do so, you risk dismissal on the grounds of deceiving the employer and could face prosecution.

Also, the Act does not provide any means of enforcing your right to not be refused employment (or entry into a profession) on the grounds of a spent conviction. If, however, you can prove that you have been dismissed for a spent conviction and you have been in employment for two years or more, you may be able to claim unfair dismissal under employment legislation. Find out more about convictions and employment law.

Applying for insurance

If an insurance proposal form asks whether your have any previous convictions, the answer can be no if your convictions are spent. This is the case even if the insurer believes that the conviction is relevant to the risk which the insurers will underwrite. For example, spent motoring convictions can be omitted from a proposal form for motor insurance.

For more information about insurance, click here.

Civil proceedings

In civil proceedings, no one should be asked questions which might lead to disclosure of spent convictions. If such questions are asked, they need not be answered. However, this rule does not apply: –

  • in civil proceedings relating to children (adoption, guardianship, wardship, marriage, custody, care and control, schooling);
  • when the court is satisfied that justice cannot be done unless evidence of spent convictions is admitted (anyone who has spent convictions can always consent to evidence being given about them);
  • if the proceedings involve a matter excepted from the Act.

The rule on civil proceedings applies not only to ordinary courts, but also to arbitration proceedings, disciplinary proceedings before an administrative tribunal, and to a club committee which has powers to affect anyones rights, privileges, obligations, or liabilities.

Criminal proceedings

Previous convictions can be cited in criminal proceedings, even if they are spent. The Lord Chief Justice and the Home Office have, however, advised the Courts that spent convictions should not be mentioned except in very special circumstances.

Confidential information

The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. The Act makes it a more serious offence to obtain such information by means of fraud, dishonesty or bribe. However, as far as we are aware, nobody has been prosecuted for an offence under this section.

It might be possible for a person with spent convictions to sue for libel anyone making an allegation about spent convictions, if it can be proved that the allegation was made with malice.

Exceptions

Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended, there are many offices, occupations and positions which are exempt from the Act.

In these situations, employers and professional bodes can ask you to disclose both spent and unspent convictions and, in addition, they can carry out a standard or enhanced check with the Disclosure & Barring Service.

More information about the DBS, and eligibility in particular, is available here.

Some of the main positions exempt from the ROA include:

  • any work which is defined as regulated activity relating to children or vulnerable adults within the meaning of the Safeguarding Vulnerable Groups Act 2006
  • certain professions, occupations, offices and employments in areas such as health, pharmacy, finance, the courts and the law
  • licences to drive taxis and to work in the private security industry

Application forms for posts which are exempt from the Act should always make this clear, although some employers claim that posts are exempt when they are not. If in doubt, seek advice.

Going abroad

The Act only covers England and Wales; other countries have their own rules about those to whom they will give visas and work permits. Embassies or overseas employment agencies should be able to provide information about this.

Working out if your record is spent

There are a number of ways in which you can find out when your record is spent. Click here for more information.

 

Things to think about becoming self-employed or setting up a business

Outline

Many of us will have thought about starting our own business at some point. Not many people get around to trying and those that do face a real challenge. Around half of small businesses fail in the first year of trading.

However, for people with convictions, disclosing convictions from the past often leads to discrimination in employment. This leads lots of people to look carefully at how they can employ themselves.

Don’t forget that you will need to disclose any unspent convictions when you apply for business insurances. Most insurance companies will refuse to insure you so make the most of our list of insurance brokers. Make it a part of your business plan to get advice from a broker on exactly what insurance you will need and speak to as many as possible to get a competitive quote.

Points to consider

The steps you need to take will depend on the kind of business, but some general points to consider include:

  • A business plan that lays out a clear strategy and objectives is essential, particularly when seeking funding from lenders.
  • You need to decide on the legal structure of your business – a limited company, self-employed sole trader or partnership
  • Pick a suitable name for the business. If you choose to be a limited company, you will need to register the company name with Companies House.
  • If you need premises, look for a cost-effective location that will balance convenience for customers and suppliers with the rent that you can afford to pay.
  • There are various taxes to pay and accounts that you need to keep. Seek the help of a tax professional and make sure that you meet all tax deadlines.
  • Initial set-up costs are considerable. If you cannot use savings or loans from family or friends, you could approach a bank. You may qualify for help from schemes run by the Government or charities.

Questions to ask yourself

When setting out what you want to do, key questions might include:

  • Are you going to be able to get the relevant insurance, because of your convictions
  • If setting up a company, do you want to become a Director? If you, you need to ensure you are not disqualified from Companies House. See Becoming a Director of a Company for more information.
  • Do you want your name attached to your work, particularly if your conviction was featured in the media. You could think about changing your name first.
  • If you’re looking to contract with companies, will they be requiring you to provide details of your criminal record? If so, what level of disclosure will they require?

Useful resources

Lets Talk About Self-Employment (NIACE) – This has lots of information regarding the steps that people with convictions, who are exploring the option of self-employment, should take.

Specific help and services

New Enterprise Allowance

The Work Programme is not the only Welfare to Work provision for those seeking self-employment. There is an alternative national scheme called New Enterprise Allowance (NEA). It is alternative in the sense that you cannot be on both programmes.

It has significant benefits. NEA offers business advice, assistance in producing a business plan, funding support and business mentoring. It offers a weekly allowance worth £1274 over 26 weeks, paid at £65 a week for the first 13 weeks and £33 per week for a further 13 weeks. There is also access to a loan of between £300 and £1000 to help with start-up costs. The loan has to be paid back but the allowance doesn’t.

The offer of a loan is not guaranteed. It is subject to status and available for projects with “high growth potential”.

To be eligible you must be aged 18 or over, have a business idea and receive one of the following benefits:-

  • Job seekers allowance (or your partner does)
  • Employment and support allowance (or your partner does)
  • Income support
  • You may be eligible if you receive Universal Credit

Any JSA claimant can now access NEA from the first day of their claim, instead of having to wait for 6 months as was previously the case.

One interesting feature of NEA is the setting up of Enterprise Clubs, where aspiring entrepreneurs can meet with local business people to get advice and participate in collective self-help. However, there is no money available from government for setting up Enterprise Clubs, unlike their employment equivalent, Work Clubs.

Details of the organisations responsible for the NEA in each Jobcentre Plus district are available here. More information about the NEA is available on the GOV.UK website here. If you’re interested in the NEA, talk to your Jobcentre Plus advisor.

Useful organisations

GOV.UK has a detailed section online about setting up a business.

Business Link is a free business advice and support service, available online and through local advisers. To find your nearest office, you can visit the GOV.UK for details of various business support helplines.

StartUp Britain is a new campaign by entrepreneurs for entrepreneurs, launched on 28th March 2011. Designed to celebrate, inspire and accelerate enterprise in the UK, it has the full backing of the Prime Minister, the Chancellor and HM Government.

School for Startups is the UK’s leading provider of business training for entrepreneurs. We provide accelerated business training that helps entrepreneurs launch more successful startups and run more successful businesses.

Startup is a programme that offers ex-offenders, and those about to be released from prison, the opportunity to become self-employed, giving a real chance of a fresh start. Whether you are still in prison or recently released, just write briefly to them with details of yourself and your date of release, your business idea and any work experience/qualifications you hold. They should be able to send you a questionnaire to be completed.

UnLtd is a charity which supports social entrepreneurs – people with vision, drive, commitment and passion who want to change the world for the better. We do this by providing a complete package of funding and support, to help these individuals make their ideas a reality.

The Princes Trust provides practical support; advice and financial assistance to young people aged 18-30 who are interested in setting up their own business. Support available includes: Low interest loans, grants, marketing assistance, business mentoring

Business in the Community mobilises business for good. Its members commit to improve the way in which they manage their resources, be that their people or the planet. Its power is the unique platform this creates for collaborative action.

Companies House incorporate and dissolve limited companies, examine and store company information delivered under the Companies Act and related legislation, and make this information available to the public.

Young Enterprise UK works with the business community to deliver programmes to develop young peoples enterprise skills and experience for the future.

HMRC have sections devoted to people who are interested in starting up, or who have started, their own business; providing information on Tax, National Insurance and VAT issues.

The Health and Safety Executive provide information and advice on Health & Safety issues for people who are setting up their own business.

The national enterprise network provides a comprehensive range of quality services and support for Start-Ups, Micro Businesses and the Self Employed from a network of Enterprise Agencies.

Federation of Small Businesses is the UK’s largest campaigning pressure group promoting and protecting the interests of the self-employed and owners of small firms. Formed in 1974, it now has 200,000 members across 33 regions and 194 branches.

Fredericks Foundation is a charity that helps people wishing to set up, or expand their own business as a means to achieve financial independence whilst rebuilding their confidence and self esteem but are unable to access the finance required from conventional sources.

Video’s on disclosing to employers

Staffordshire and West Midlands CRC worked with Isore Media to produce a film called “Making your past pay”, which you should be able to watch below. There’s more details about the film on the SWMCRC website.

Red Kite Learning (which sadly closed in 2012) worked with Inside Job Productions to produce an innovate, interactive drama which aims to follow through the consequences of choices made by people with convictions when looking for employment. The film is based on the engaging story of one mans journey and the impact on his family, where the viewer can decide which course of action they want the main character to take at a number of critical points. With the kind permission of RKL, the video is available to view below.

Education in prison

This is for information only.  We are unable to provide advice on this.

Background

Making use of your time in prison is absolutely critical. Trying to get on in life with a criminal record is by no means easy, and so you have to try and make use of your time as effectively as possible whilst you are in prison.

This page will hopefully provide you with some useful information and advice on options available whilst in prison in terms of education.

Basic Skills

Education in prison is a mixture of specialist provision and mainstream provision.

All prisons will have an OLASS provider, who primarily provide basic key skills level 1 & 2. A list of the current providers for each region and each prison within that region, can be downloaded here.

Most prisons will also have selection of NVQ’s available. These may be operated by the specific OLASS provider, or may sit within a different area of the prison. You should speak to the prison about what specific courses and qualifications they have to offer.

Careers advice

The National Careers Service launched on 5th April 2012. It offers independent and impartial information and advice on learning and work.

The new service will include provision in the prison estate and replaces its predecessor, the Careers, Information and Advice Service (CIAS).

Visit nationalcareersservice.direct.gov.uk or call 0800 100 900

 

Open University, Higher Education and Distance Learning

The processes surrounding Open University (OU), Higher Education and Distance Learning are set out in PSI 32/2012.

This covers areas such eligibility for programmes, funding, transfers (and leaving study) as well as internal matters such as risk management and maintaining records.

There is a useful guide by the Prisoners Education Trust (designed for prison and National Careers Service staff but equally as useful for individuals directly) on Distance Learning. You can download it here.

If you are interested in studying with The Open University, ask your Education Department for a prospectus – the OU offer general and subject specific prospectuses – or you can look at the leaflet Courses for Prisoners. The OU have a specific prospectus/guide for learners in prison. The 2016/2017 version is available on their website. The ‘Offender Learning’ section more broadly contains some useful information.

Many prisons host information and advice sessions where prospective students can view course materials and prospectuses. It may also be possible to speak to an OU adviser about your future study plans. If you are new to university study you may wish to study one of the preparatory Openings courses. These courses are designed to introduce new students to study, or to act as a refresher for those who have not studied for some time. Once you have decided on an area of interest, your Education Department will advise you about the suitability and availability of courses in that area and help you complete the necessary paperwork. All study must be approved by your Prison Governor and you will be advised on your application by Education Department.

Funding your studies

If you are a new student you may be able to get funding from the Prisoners’ Education Trust or from another charity. Please note: Unlock are not able to provide financial assistance. It may also be possible for you or a third party to pay your course fees via the prison. Please discuss this with your Education Department if you would like to explore this option.

For further advice and information (including course start dates), please speak to a member of your prison’s Education Department.

Useful Organisations

Prisoners Education Trust provides access to broader learning opportunities for prisoners, to enhance their chances of building a better life after release. They do this through a grants programme which assists over 2,000 prisoners each year to study distance learning courses in subjects and levels not available in prison. They also provide advice and support, and they make the case for improving policy and practice.

Haven Distribution has been assisting prisoners since 1996 by purchasing educational books for those who wish to use their time in custody effectively, through the pursuit of lifelong learning.

Open University delivers higher education courses to people in prison.

Learning and Work Institute encourage all adults to engage in learning of all kinds.

Going to court

This is for information only.  We are unable to provide advice on this.  For reasons why, click here.

Introduction

Going to court, particularly for the first time, can be a rather daunting experience. There is a number of useful resources linked to below that you should take a look at if you want to know more about going to court.

Useful resources

Film by Raising Your Game – ‘Getting ready for court’

The film below has been produced by the Raising Your Game project, which is led by Mencap.

Character references for sentencing

There is little in the way of official protocol surrounding providing character references. However, it has proven to be useful in cases in the past. You should speak to your solicitor about whether they think they would help. You will probably be required to arrange the references yourself, but given they could help your case this is something you should seriously consider.

Much will depend on how your case is dealt with on the day. For example, your solicitor may not get the chance to get the references in front of the judge, your judge may be changed at last minute, or they may simply not want to consider such references. However, all you can do is try.

References should be in writing from people who have known you for some time and who can comment on you from an impartial perspective if possible. If they know about your offence, this could be useful as they can discuss this in the reference that they write. A suggested template is provided below.

These letters should be provided to your solicitor at least a couple of days before you appear in court for sentencing (you may want to take copies first to keep for your own records).

Address

Ref : [FULL NAME]

To Whom It May Concern

I have known [FULL NAME] as a Colleague/Employee/Family/Friend for X years. During that time, I have always known him/her to be honest, sincere, dependable and a good family person [use suitable wording according to the individual circumstances[. I have never known [NAME] to be anything other than a person of integrity and to find himself/herself in this current situation is completely out of character. [Insert some brief specific details about the offence if known].

I am a (provide here a description which demonstrates that the writer is of good standing, so perhaps ‘local businessman’, ‘Managing Director’, ‘Community Leader’ etc) and am writing this reference in support of [NAME] of my own free will and in the hope that the Court will take into account [NAME]’s previous good character.

Yours faithfully,

Signed [FULL NAME]

Friends and family at court

It can often be useful to have friends and family come with you to court when being sentenced. This not only provides you with moral support, but can also be an important indication to the judge of how much support you have. This can be a positive factor in sentencing.

 

Disclosure of previous convictions in court proceedings

If you’ve got previous convictions, you might wonder whether these will come up. Find out more here.

Basic bank accounts

Aim of this page

If you’re looking to open a bank account then the simplest account to open is a basic bank account. This page looks at the benefits you can expect from this type of account together with information on the alternatives if you’re unable to open a basic account.

It’s part of our information section on banking.

Why is this important?

Life without a bank account can be very difficult especially if you need to set up direct debits, pay utility bills or have your salary or benefits paid in.

Basic bank accounts are ideal for people who don’t want an overdraft (or can’t have one) or have a low credit score and may struggle to open a classic current account. You’ll need to be at least 16 to open a basic bank account, although for some banks the minimum age is 18.

A basic account will give you all the benefits of a typical current account but allows you to control your spending.

What do basic bank accounts offer?

Basic bank accounts are free to use and designed for people who don’t have a bank account and don’t qualify for a standard current account. They can be the first step towards opening a regular account later on.

They offer fewer services than a standard current account and they don’t offer any overdraft facilities. However, you will generally be able to:

  • Have your wages, benefits and other income paid into your account.
  • Pay in money and cheques for free (as long as they’re not in a foreign currency).
  • Take out money over the counter or from a cash machine.
  • Pay regular bills by direct debit or standing order.
  • Check account balances over the counter, at a cash machine or on your mobile.
  • Use a debit card to pay for things in shops and online.

Who offers fee-free bank accounts?

Any bank or building society can offer a fee-free basic bank account but since September 2016, the nine largest banks are required to offer them.

Choosing the right bank

Before you open an account there are some general things to think about:

  1. Check that the cash machines you want to use regularly are free.
  2. Find out if there is a local branch of your bank or building society, or a Post Office, where you can pay in money and check your account.
  3. Check if there is a buffer zone that lets you take out a small amount, say £10, even when your account balance is low so you can still get money using a cash machine.

Alternatives

If you have tried but can’t open a basic bank account, you might need to look at alternative options. Although we can’t give financial advice, there are a few alternatives below, and you should seek independent financial advice from organisations such as CAB or the Money Advice Service, as they can help you decide what is best for you.

Post Office Card Account

If you can’t open a basic bank account, you could consider opening a Post Office card account, which is specifically designed for receiving benefits, state pensions and tax credits. However, you cannot receive wages into this account.

Credit Union Current Account (CUCA)

You could look at those credit unions which offer the CUCA.

CUCA’s have facilities for wages and benefits to paid directly into, and along with direct debit, standing order and bill payment facilities, members receive a full range of day-to-day banking services direct from their credit union. There is normally a small weekly charge (usually around £1 –£2) for a CUCA.

Credit unions can only open accounts for people who fall within the credit unions ‘common bond’. This is normally based on location. If applying while in prison, you will need to apply to one that covers where the prison is based. You may be able to find this out in the prison, or ask somebody to use www.findyourcreditunion.co.uk on your behalf.

Prepaid cards

These can be useful for people who have a record of fraud and have been refused by a main-stream bank. We have more information here.

Reasons for refusal

Record of fraud

All account providers reserve the right to reject applications from people who have a ‘record of fraud’ as a result of money laundering regulations. This does not mean anyone convicted of an offence that could be considered fraud cannot get an account. For example, banks would not usually decline an application from a person convicted of providing incorrect information when claiming benefits. Banks do not have access to criminal records, however they do have systems to detect applications from people who have a record of fraud against financial institutions, such as banks and insurers.

Undischarged bankrupts

Most banks also reserve the right to reject applications from people who are ‘undischarged bankrupts’. This is someone against whom a bankruptcy order has been made and who has not been discharged from bankruptcy (which usually happens 12 months after bankruptcy).

Can your basic bank account be closed?

Your bank or building society can close your fee-free basic bank accounts or move you onto a standard current account if you:

  • Give false or misleading information
  • Open another bank account in the UK
  • Regularly fail to meet the terms and conditions of the account
  • Don’t use your account for more than two years
  • Have used the account unlawfully or fraudulently or there are concerns you might use the account in this way.

How do you complain about the service you’ve received?

Mistakes can happen and, if you have a complaint about the service you receive, first contact your bank or building society to give them a chance to sort the problem out. They should look into your complaint and reply within eight weeks.

If you’re not satisfied with the response, you might be able to take your complaint to the Financial Ombudsman to see if they can help.

Discuss this with others

Read and share your experiences on our online forum.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information can be found in our banking section
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Policy work – Read about the policy work we’re doing on this issue
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

 

Youth rehabilitation order (under 18)

Who is it issued by and how can I contact them?

The YRO is the young person’s equivalent of a community sentence, issued by the courts. You can contact the relevant court directly but it might be better to talk to your Youth Offending Team.

Does it involve guilt?

Yes – the sentence is decided after a guilty verdict.

Is it recorded on the Police National Computer (PNC)?

Yes.

Is it classed as a conviction?

Yes.

How long will it be on my record?

It will remain on the PNC indefinitely and will be referred to in any future criminal proceedings. There are no restrictions on the number of times you can be sentenced to a YRO. In some cases custody is an option for breach of YRO, if the original offence is imprisonable or there is ‘wilful non-compliance’ during the order (see Ministry of Justice information).

When does it become spent?

At the end of the order.

When do I have to declare it?

YROs fall under the protection of the Rehabilitation of Offenders Act so after it is spent you don’t have to disclose unless it is for an occupation which is an exception to the Act, like working with children.

Is it disclosed on DBS checks?

Yes, it is disclosed on both standard and enhanced checks, unless it is eligible for filtering. Once spent, it will not be disclosed on a basic check.

Do I have the right to appeal and what is the process?

GOV.UK information on appealing a court decision can be found here.

What are the implications for life in the community?

The sentence can last up to three years. You might have to be at home by a certain time each day (a ‘curfew’), stay away from specific places (‘exclusion’), be tested for drugs regularly or get treatment for a drug addiction.

Further information

 

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