If you’re applying to work overseas, you need to be aware that the laws on disclosing criminal records in the UK (such as the Rehabilitation of Offenders Act) don’t apply.
Alongside any specific entry requirements of the country, the employer may also have their own policies and practices (depending on the countries disclosure laws) around asking for criminal records.
It’s not possible for this site to go into detail about the laws of different countries.
However, some employers overseas may require you to obtain a copy of your criminal record from the UK.
Depending on your role, you may be able to provide a basic disclosure. However, some employers may require you to provide more information.
ACRO provide an International Child Protection Certificate which may be required by some employers where you are working with children. This will disclose all criminal convictions and cautions held on the PNC.
Lorry, Bus and Minibus Driving
All applicants and holders of lorry and bus licences are subject to more severe conduct requirements than ordinary licence holders.
When applying for lorry entitlement, you should disclose cautions, convictions and fixed penalties relating to vehicle road worthiness, loading or drivers hours (More information about drivers hours can be found here).
If you are applying for minibus or bus entitlement, you should disclose any unspent cautions or convictions.
The relevant section on the D2 Application for lorry, bus or minibus driving licence ask:-
The Secretary of State for Transport may refer any case where a question arises relating to the conduct of a lorry or bus driver to the Traffic Commissioner for the area in which you live. In all cases the Traffic Commissioner, acting on behalf of the Secretary of State, will decide whether or not to grant you entitlement to drive a lorry, bus or minibus.
The government have released an information booklet that provides assistance with filling out your application form for a lorry, bus or minibus driving licence (INF2D). For further information please read the following leaflet (page 8).
Almost every criminal case in England and Wales begins in a Magistrates Court – and around 95% of all cases will be decided there. Therefore, the role of a magistrate is an important one.
The aim of this page is to set out the criteria for becoming a magistrate and how your criminal record may affect your chances of success.
Why is this important?
Whilst people with convictions are not automatically barred from becoming a magistrate, there are few guidelines available which give any indication as to whether you would be able to.
Recently the Chair of the Magistrates’ Association said that “it was completely erroneous” that those with old and minor criminal records would not be considered as candidates. He urged people with a criminal record to apply but it’s important to have an understanding of the recruitment process.
What does it take to become a magistrate?
On a daily basis, magistrates make decisions that will shape the lives of individuals for years to come, and for the vast majority of those accused of a crime, the Magistrates Court will be their only sight of the criminal justice system.
Magistrates receive training to perform their role and no prior legal knowledge is assumed or required of them. It’s not necessary for them to take any formal examinations. They will require some ‘personal qualities’ including an awareness of social issues, maturity and reliability.
Crucially, magistrates are volunteers who work part-time, often around other full-time work commitments. Each year, magistrates must be in court for at least 13 full days (or 26 half-days) and although this can put a lot of people off, your employer does have a legal obligation (under the Employment Rights Act 1996) to permit you to take time off for magistrate duties. Rotas are provided in advance, so it shouldn’t be difficult to negotiate time off with your employer. Many will agree to pay you whilst you’re performing your magistrate duties but, if they choose not to, then a basic loss of earnings allowance may be available to you.
Training in the first year can be intense, but after this only one or two days a year will be required for your further development.
There must be nothing in a magistrate’s past which could cast doubt on their credibility and standing in the eyes of the public. While a criminal offence or civil order in the past will not necessarily disqualify you for appointment, the Senior Presiding Judge will not appoint anyone in whom the public would be unlikely to have confidence.”
The ‘good character’ question, which all applicants must answer on their application form and at interview asks:
Is there anything in your private or working life, past or present, or the lives of your family or friends, which could damage your credibility as a magistrate if it became known to the public?”
Being subject to current proceedings or investigations
You must declare:
If you are currently subject to investigation by the police
If you are currently involved in any form of civil or criminal court proceedings, including as a witness (this includes divorce proceedings where the custody of children is contested)
If you are currently subject to professional disciplinary proceedings or disciplinary proceedings at work.
You should inform the Advisory Committee immediately if you become subject to any of the above during the selection process.
Cautions and convictions
Anybody applying to become a magistrate is not protected by the Rehabilitation of Offenders Act. This means that all cautions and convictions must be disclosed, however long ago they occurred.
A criminal record is not an automatic bar to appointment and if you are recommended for appointment, the Senior Presiding Judge will give careful consideration to factors such as the nature and seriousness of the offence, and when it occurred. A caution or conviction for an offence which raises questions of honesty and integrity, for example fraud or theft is liable to be taken more seriously.
When disclosing information about a caution or conviction, try to provide as much information as you can. The Advisory Committee will need this to help assess your suitability. If you are recommended for appointment, you will be required to undergo an enhanced Disclosure and Barring Service check before your appointment can be confirmed.
How will the disclosure of a criminal record be dealt with?
Applications which disclose a criminal record will be reviewed on a case-by-case basis and the following factors taken into consideration:
The nature and seriousness of the offence
How long ago it was committed
The disposal or sentence received; and
Any subsequent offences.
The Lord Chancellor and Secretary of State for Justice state that they will not appoint the following to the magistracy:
Anyone who, or whose spouse or partner, has been convicted of a serious offence or a number of minor offences if the Advisory Committee does not think the public would have confidence in them as a magistrate. For these purposes a serious offence is regarded as anything other than a minor motoring conviction for which you received points on your licence and/or a fine.
Anyone who has been convicted of one motoring offence where six penalty points or more were imposed, or three offences where three penalty points were imposed in respect of each offence, in the last five years.
Anyone who has been disqualified from driving for 12 months or more will not be appointed within 10 years from the date of conviction, and then only after careful consideration of the circumstances.
Anyone who has been disqualified from driving for less than 12 months will not be appointed within 5 years from the date of conviction, and then only after careful consideration of the circumstances.
The last three points relate specifically to people with driving convictions. The first point covers all other convictions. As a result, the decision is left solely within the hands of the Advisory Committee.
Cautions and convictions of family members
Guidance from the Ministry of Justice is keen to emphasise that the actions of another person in most cases will not mean that you are disqualified for appointment. However, they will be considered in line with the following:
The nature and seriousness of the offence
Your relationship with the individual, and the extent of your contact with that person
Whether or not you appear to condone the offence; and
Whether the circumstances could undermine your credibility and standing as a magistrate if they became known to the public.
Discuss this with others
Read and share your experiences on our online forum.
Useful links
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.
Under the Licensing Act of 2003, it is mandatory for anyone operating or wishing to operate licensed premises to be a Personal Licence Holder. The personal licence is separate from the licence which authorises the premises to be used for the supply of alcohol. The aim of this page is to assist you in applying for a personal licence if you have a criminal record and, how to appeal a decision if your application for a licence is refused.
Why is this important?
Applicants for a personal licence will need to disclose any unspent convictions and a basic Disclosure and Barring Service check will form part of the application process. It’s important to have a good understanding of how your criminal record will be dealt with before you apply for a licence and before you invest any money in getting the necessary qualifications.
Getting the right qualifications
In order to obtain a Personal Licence, you must attend a one-day course and pass the BIIAB Level 2 Award for Personal Licence Holders (formerly known as the National Certificate for Personal Licence Holders or NCPLH). The aim of the qualification is to ensure that licence holders are aware of licensing laws and the wider social responsibilities attached to the sale of alcohol.
Personal licence application form
Obtain a personal licence application form from the Licensing department of the local authority in which you live. You can also download a disclosure of convictions & declaration form. Whilst you will be unable to send off the application form at this stage (there are a number of further documents you’ll need to obtain), it will save you time later on.
The form itself will require certain details to be provided, and you’ll be required to provide additional information and documents such as:
2-x passport sized photographs
the application fee which is currently £37.
If it appears that there are convictions for any relevant or foreign offences, then the licensing authority will give a notice to the chief officer of the police for the area.
What are ‘relevant offences’
A ‘relevant offence’ refers to the offences listed in the Licensing Act that could, on conviction, rule out the grant or renewal of a personal licence to the applicant concerned.
Convictions for offences (other than relevant offences) under the law of any place outside England and Wales, including other parts of the United Kingdom such as Scotland and Northern Ireland, are counted as foreign offences. Details of these will also need to be given. The reason for the separate terms is that offences under the law of places outside England and Wales, which are equivalent to relevant offences, will not necessarily exist in exactly the same form as relevant offences.
When applying for the grant of a personal licence or for the renewal of a personal licence, you must include details of any relevant or foreign offences for which you have been convicted or, in the case of applications for the renewal of the licence, have been convicted since the grant or last renewal of the licence. However, as the position of Licensee is not exempt from the Rehabilitation of Offenders Act 1974, you do not need to disclose any convictions that are spent under the Act.
For relevant offences the police will consult either their own records or those of the relevant police force if the offence was committed in a different area. The Chief Police Officer will then notify the licensing authority if he is satisfied that granting or renewing the personal licence would undermine the licensing objective of preventing crime and disorder. For foreign offences the police will take steps to contact their counterparts in the region or country where the conviction occurred.
If the police make no objections within a 14-day period then the licence must be granted.
A personal licence does not authorise its holder to supply alcohol anywhere, but only from establishments with a premises licence authorising the supply of alcohol in accordance with the premises licence. An individual may only hold one personal licence at any one time.
Criminal record check
A basic Disclosure & Barring Service (DBS) criminal record check is required as part of the application, and this can be obtained from the (DBS). This will not disclose any convictions that are regarded as spent under the Rehabilitation of Offenders Act 1974.
Under 2003 Licensing Act Guidance (4.6) regulations, a licensing authority can, for the granting of a personal licence, request a criminal conviction certificate, a criminal record certificate (both of these are basic DBS checks), or the results of a subject access search of the Police National Computer by the National Identification Service to the licensing authority. This means that whilst an enforced subject access request (SAR) is now illegal, it can be requested for the granting of a personal licence.
We would recommend that when applying for your licence, you provide a basic DBS check, as a SAR is a copy of your complete criminal record and will disclose all cautions and convictions, whilst a basic DBS check will only disclose those which are unspent.
An identifier for the licensing authority which granted it
A photograph of the holder
A unique number allocated by the licensing authority
The date of expiry
The second part of the licence will contain the above information, with the exception of the photograph, and will also contain details of any relevant or foreign offence which the holder has been convicted.
Once you are granted your personal licence, if you are then charged with a relevant offence, you must produce your personal licence to the court. If that is not practical, then you must tell the court that you hold a personal licence, who the issuing authority is and the reason why you cannot produce your licence. If you are then convicted, the court will notify the relevant licensing authority about the conviction, and may order the forfeit or suspension of the licence.
Failure to produce or notify the court about your licence, without reasonable excuse, is an offence under section 128 of the Act. The sentence on conviction of this offence is a fine of up to £500 and could result in the forfeit or suspension of the licence.
Licence hearings
The hearings process is set out in the Licensing Act 2003. Section 120 sets this out for an application for a grant of a personal licence.
If the Local Authority thinks that the applicant has a conviction for a relevant offence or foreign offence, it must notify the police;
If the police think that granting the licence would undermine the crime prevention objective, they must within 14 days of receiving initial notice from the Local Authority send notice of their objection to the Local Authority;
If no objection is made by the police within this period, the Local Authority must grant the licence;
If the police do object, the Local Authority must hold a hearing to consider it (unless everyone involved [i.e. applicant, police, Local Authority] agrees that this isn’t necessary) and can then either reject the application if they agree that granting the application would undermine the crime prevention objective – but otherwise grant the application;
Regulations fill out the detailed process, including (i) the Local Authority must hold the hearing within 20 working days beginning with the day after the end of the 14 day period within which the police can object, and (ii) the Local Authority must notify the applicant and police of the hearing date, (iii) the Local Authority must send the applicant the police objection with the notice of hearing
There are additional regulations concerning how the hearing itself is conducted.
Appeals
You have the right of appeal if your application is rejected by the local authority.
You can appeal the local authority’s decision made at a hearing or if the local authority rejected the application after initially receiving it because, for example, the local authority took the view that you weren’t aged 18 or over etc. The right of appeal is prescribed by paragraph 17 of Schedule 5 to the Licensing Act 2003.
The appeal lies to the Magistrates’ Court and must be made within 21 days of the applicant being notified of the LA’s decision to reject the application. You should also note that the police have a right of appeal if they’ve objected but the local authority has decided to grant the application after having the hearing.
If the Magistrates’ Court doesn’t allow an appeal, the party bringing the appeal could make a further application to the High Court.
Useful links
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.
Statutory guidance – this is aimed at local authorities but may also be of interest to applicants. Section 4 refers to personal licences, and specifically sections 4.5-4.10, to criminal records. The guidance states that the Secretary of State recommends that, where the police have issued an objection notice, the licensing authority should normally refuse the application.
The Royal Mail Group currently employs around 150,000 people in the UK and they have their own set of employment policies and regulations.
On application, the Royal Mail Group will require your consent to carry out a basic criminal record check as part of the recruitment process. There is also a list of ‘unspent’ criminal offences that are considered unacceptable in new employees. This list isn’t exhaustive, but includes:
Theft and all offences of dishonest appropriation (including going equipped to burgle, taking a vehicle without consent, handling stolen property, making-off without paying)
Fraud, forgery or counterfeiting offences (including benefit deception, traveling on public transport without paying)
Firearms and weapons offences (including possessing a sharp object in public, possession of a noxious gas)
Terrorism (other than certain conflict-related offences subject to the Northern Ireland Good Friday Agreement – these do not need to be declared during application and will be considered by applying the employers’ guidance issued by the Office of the First Minister & Deputy First Minister, Northern Ireland)
Offences under the Postal Services Act 2000 and prior legislation
Arson
Supply or intent to supply any category of drugs or possession of category A drugs
Offences against the Justice System (including perjury, bribery, making false statements, contempt of court)
Offences against the person (including assault, causing grievous or actual bodily harm, battery, affray, racial or verbal harassment, making threats)
Sexual offences
Breaches of orders
This list of offences and further information regarding employment with the Royal Mail Group can be found on the Royal Mail site here.
The new law states that scrap metal dealers will now have to undergo Basic criminal record checks in order to trade.
Councils now have the power to issue licences and make it compulsory for dealers to carry this licence when trading. These tighter regulations have been enforced in an attempt to “curb metal theft which is increasingly growing”, according to ACPO.
Dealers will now be asked to provide a Basic Disclosure certificate which details any unspent convictions. Refusal to supply one, or a certificate which disclosures a previous conviction, could lead to the council revoking, or refusing an existing licence.
If you are trading but do not have a licence you may be fined up to £5000. Other conditions include the requirement to renew your licence every three years.
If you want more information or wish to apply for a licence please click here.
Undertaking training courses and applying for an SIA licence can be time consuming and costly. It’s important therefore to find out whether the SIA are likely to grant you a licence before you invest too much time and money in the process.
The SIA
The Security Industry Authority (SIA) is the organisation responsible for regulating the private security industry. They are an independent body that reports to the Home Secretary under the terms of the Private Security Industry Act 2001. The SIA has 2 main duties:
Compulsory licensing of individuals working in specific sectors of the private security industry
To manage the Approved Contractor Scheme. This measures private security companies against a set of independently assessed criteria.
Before applying for a licence, either a new one or a renewal, you should look to see whether the SIA will require mitigation from you due to your criminal record (see below) as you may want to get this prepared in advance of any application, so that when you are asked for it you are ready to respond with the relevant information.
New Licence
You can apply for a licence by completing an application form here.
You should allow for the time it will take to complete any training you need, sit any examinations and get your qualification. You must have the relevant qualification before applying for a licence.
The SIA aim to process a minimum of 80% of all correctly completed applications within 25 working days. Complex applications, e.g. applications subject to additional criminality or qualification enquiries and those requiring overseas criminality checks, may take longer.
Renewals
If you already hold an SIA licence then you will need to apply for a new one before your current one expires. Your licence renewal application can be made up to 4 months before your existing licence expires. For more information and an online application form clickhere.
Using the Criminal Record Indicator tool
The SIA have a useful tool on their website, the Criminal Record Indicator. This tool can only give you an indication of whether or not you meeting the criminal criteria set by the SIA in order to get a licence.
Applying for an SIA licence
The SIA carry out a standard criminal record check on any individual who applies for a licence. If you do have a criminal record, it does not necessarily mean that you will not get a licence. The SIA have a very detailed guide to how they handle applications from people with a criminal record in their Get Licensed handbook.
However, if you do have any convictions, warnings, cautions, absolute/conditional discharges, admonishments or charges awaiting trial for offences, then you will have to disclose them as part of your application (this includes both spent and unspent convictions that have not been filtered), as the SIA is exempt from the provisions of the Rehabilitation of Offenders Act 1974.
When assessing the disclosure of a criminal record, the SIA will take the following into consideration to:
Whether the offence you have been convicted of is considered ‘relevant’ (a full list of offences can be found at Appendix A of the Get Licensed handbook).
The seriousness of the offence.
The actual sentence or disposal given to you for the offence
How recent the offences were. This is measured against the date that the SIA make the decision to grant or refuse your licence and not the date you originally submitted your application.
Assessing criminal records
The table below provides an overview of how a criminal record affects the SIA’s decision on a licence application. It shows how a single offence that is relevant to licensing will be assessed by the SIA.
Time since sentence restrictions ended
Caution/warning, community resolution, absolute/conditional discharge
Fine, community disposal
Suspended sentence
Prison sentence
Less than or equal to 12 months
Consider Additional Factors
Refuse
Refuse
Refuse
More than 12 months and less than (or equal to) 2 years
Grant*
Consider Additional Factors
Refuse
Refuse
More than 2 years and less than (or equal to) 4 years
Grant*
Grant*
Consider Additional Factors
Refuse
More than 4 years and less than (or equal to) 7 years
Grant*
Grant*
Consider Additional Factors
Consider Additional Factors
More than 7 years
Grant*
Grant*
Grant*
Grant*
* If you have ever received a conviction resulting in imprisonment of longer than 48 months, or life imprisonment, there will either be an automatic refusal or you will fall into the ‘Consider Additional Factors’ category, depending on how long it has been since sentence restrictions passed.
Free of sentence restrictions
Under the rules of the SIA, you will automatically be rejected for a licence unless you have been free of the sentence restrictions for a conviction for at least 12 months (and up to 5 years in more serious cases) before your licence application. Explanations of how the SIA start to count the ‘free of sentence restrictions’ for sentences, fines and disposals are as follows:
Imprisonment: If you have a conviction which resulted in a custodial sentence, the SIA will begin counting the ‘free of sentence restrictions’ time from the end of your sentence and not from the date when you were sentenced or when the offence(s) were committed. For example, if you have been convicted of an offence and spent time in custody, the date for deciding whether the offence is still relevant for licensing purposes is the day after the sentence would have ended. If you were released early, the SIA will still not begin counting you as being ‘free of sentence restrictions’ until the date when the sentence restrictions would have ended had the full term been served.
Suspended sentences: If you received a suspended sentence then you will be deemed ‘free of sentence restrictions’ from the end of the sentence period and not the period of suspension. For example, if you received a 6-month sentence suspended for 2 years then the SIA would consider you ‘free from sentence restrictions’ after 6 months from the date of conviction and not after the 2 year suspension.
Community orders: If you received a community order or other similar sentences undertaken in the community then you will be deemed ‘free of sentence restrictions’ at the end of the period of the order. However, if no date is given on the CRB check the SIA will deem you ‘free from sentence restrictions’ 12 months after the date of sentence.
Fines and other disposals: If you received a fine, caution, warnings, absolute/conditional discharges or admonishments the SIA will deem you ‘free from sentence restrictions’ from the day after the sentence or disposal was imposed.
Multiple sentences
If your conviction resulted in multiple sentences/disposals the SIA will only take into consideration the one with the ‘greatest’ penalty. For example, if you received a fine and a prison sentence of six months, the SIA would only take into account the prison sentence.
Multiple convictions
If you have multiple convictions the SIA will automatically refuse your application if you have a combination of the following:
Three or more convictions – where all of the sentence restrictions have ended in the past seven years for relevant offences where the disposal for each offence would have resulted in ‘Consider Additional Factors’.
Two or more convictions – where all the sentence restrictions have ended within the past four years for relevant offences.
A prison sentence – where all of the sentence restrictions have ended within the seven years before the criminality is assessed, plus any conviction, caution, community resolution order, absolute/conditional discharge – where the sentence restrictions ended within the past four years for relevant offences.
Relevant offences
Offences in the following categories will be deemed relevant for the purposes of an SIA licence. A full list of relevant offences can be found at Annex A of the Get Licensed handbook.
Violent/Abusive Behaviour – including violent/abusive offences and stalking/harassment offences.
Espionage/Terrorism – including offences in the Aviation Security Act 1982, Anti-Terrorism, Crime and Security Act 2001, Prevention of Terrorism Act 2005 and the Terrorism Act 2000.
Offensive Weapons – including offences relating to the possession, use or sale of offensive weapons such as knives, blades, crossbows and chemical/biological weapons.
Firearms Offences – including offences relating to the acquisition, possession, certification, carrying and use of firearms.
Dishonesty (Theft and Fraud) – including offences relating to theft, burglary, robbery, handling stolen goods, blackmail, attempting to pervert the course of justice, perjury, breach of bail conditions, conveyance of prohibited items onto or out of prison, counterfeiting and forgery, fraud, deception, dishonesty and unauthorised modification of computer material.
Proceeds of Crime – including offences in the Proceeds of Crime Act 2002.
Abuse or Neglect of Children – including cruelty to children, indecent photography of children, child abduction, child begging and prostitution.
Sexual Offences – including all offences in the Sexual Offences Act 2003, Sexual Offences (Scotland) Act 2009, Sexual Offences (Northern Ireland) Order 2008.
Drug Offences – including trafficking, importation, production, supply, cultivation or possession of controlled drugs.
Criminal Damage – including the destruction or damaging of property, racially or religiously aggravated offences, threats to damage or destroy property and vandalism.
Social Security Offences – including breaches of social security regulations, false representations for obtaining a benefit, the making of statements known to be false and fraud and negligence in relation to statutory maternity pay and sick pay.
Private Security Industry Offences – including engaging in conduct prohibited without a licence, providing false information, contravening licence conditions, using unlicensed operative and misuse of approved status.
Licensing Act 2003 – including offences under the Licensing Act 2003 and equivalent instruments in Scotland and Northern Ireland.
Driving Offences – including offences relating to causing death or serious injury by careless or dangerous driving.
The Decision Making Process
Automatic Refusal
Sometimes the SIA will automatically refuse an application. You can challenge an automatic refusal if you believe that there are factual errors in the SIA’s decision-making process. Evidence of factual errors may include:
an error in identity;
an error in assessing criminality;
proof of remand time which impacts on the time you have been free from sentence restrictions so as to change the decision from an automatic refusal to ‘Consider Additional Factors’;
proof that a community order was discharged early, and which impacts on recency sufficiently to change the decision from an automatic refusal to ‘Consider Additional Factors’.
‘Consider Additional Factors’
If your criminal record is such that the SIA feel that they need to ‘Consider Additional Factors (CAF) then they will write to you to invite you to submit mitigation which may include evidence of other influencing factors, and character references.
Submitting Mitigation
The mitigation that you submit may include you providing:
evidence of other influencing factors
character references
evidence of your rehabilitation since your offence.
There will be a deadline date, usually 21 days from the date of the letter notifying you of being able to submit mitigation, for you to provide this information to the SIA. Any letters provided from you which do not comply with these requirements may not be considered.
The number of documents you supply in support of your application will not necessarily add weight to your case; it is the nature and content of the mitigation which is considered. If you do not feel that you can get this information to the SIA by the given date then it is important that you write to them to ask for more time at the earliest opportunity.
Character references
The SIA will give more credence to your references if they are from independent, verifiable and objectives sources that have no vested interest in the licensing decision. For example, information from previous employers or other people of standing in the community such as your doctor, police officer, MP/Councillor or church leader. Any character references provided must clearly state the capacity in which they know you, how long they have known you, and confirm that they know about the relevant offence and that they are still prepared to give the reference. If possible, the reference should show their understanding or why you committed the offences and what you have done since. All references should be signed and dated and include full contact details (including a telephone number) for the referee.
Evidence of rehabilitation
The SIA will look favourably on applicants who have provided evidence of their rehabilitation. For example, if you served a custodial sentence you could include details of courses that you did which relate to your offence (including certificates if possible). You should also detail any voluntary work or community projects that you have been involved in either whilst in prison or since receiving your sentence/disposal which shows you are making a positive change towards a crime free life. The SIA do not want to re-hear all about your offence but more about how you have realised your errors and have tried to put practices in place to ensure that the same thing does not happen again.
The decision
Grant
If your application for a licence is successful, you will receive a letter from the SIA informing you of their decision, and enclosing your licence.
Factual Errors
If the SIA judge it necessary to refuse your licence application then they will write to you notifying you of their intention to refuse a licence, and also providing you with the basis for their decision and they may invite you to supply them with further information. This is not asking for mitigation at this stage, but the SIA are giving you the opportunity to look at the factual information that they have about you and to see if there are any errors. An error could mean the difference between an automatic refusal or consider additional factors, which gives you the chance then to provide mitigation. Factual errors may include:
An error in identity
An error in assessing your criminality
Proof of remand time which impacts on recency sufficiently to change the decision from an automatic refusal to a Consider Additional Factors (CAF) or from a CAF to Grant decision
Proof that a Community Order was discharged early and which impacts on recency sufficiently to change the decision from an automatic refusal to a Consider Additional Factors (CAF) or from CAF to a Grant decision
You will have 21 days, from the date on the SIA’s letter and not the date you receive it, in order to provide a response. If a response is not received by the SIA from you within 21 days then your licence will be refused. If you do send a response within 21 days, the SIA will give it due consideration and will then write to you informing you of their final decision
Notification of a refusal
If the final decision by the SIA is still to refuse your licence, then you will have 21 days from the final decision letter in which to exercise a right of appeal to a Magistrate’s, Sheriff Court or District Court. There may be costs involved with an appeal to court, both in lodging an appeal and if you lose the appeal at court for which you would have to bear these. Currently the cost of lodging the appeal is £200, however if you receive you receive one of the following 5 means tested benefits then there will be no cost:
Income Support
Employment supported job seekers allowance
Pension allowance
Working tax credit which does not include child tax credit
Employment & support allowance
However, if you lose your appeal then the SIA may ask that their costs are paid by yourself. There are no set documents, form or procedure for lodging an appeal. Therefore it is advisable to contact the Magistrates Court where you wish to lodge your appeal to see what their process is.
If you are considering appealing to a Magistrates Court, you should try and seek legal advice.
If taking this action, it is advisable to look at the case of SIA v Stewart & Others (2007) in the High Court, where it was ruled that magistrate’s courts must follow the criteria set out in the SIA ‘Get Licensed’ booklet when considering appeals. For example, magistrate’s courts considering decisions the SIA have made as a result of their criminality criteria cannot consider factors outside of those criteria, such as the circumstances or gravity of the offence(s) committed.
Once a final decision is made the SIA has no power to revisit the decision, no matter how good the mitigation or obvious factual error, without the direction of a Court.
If you already hold a licence
If you already hold a current licence issued by the SIA there may be instances when the SIA deem it necessary to either take this away from you permanently or temporarily suspend it.
Revoking a licence
The SIA will revoke your licence if:
You are not the person to whom the licence has been issued
You received a conviction, caution, warning, conditional/absolute discharge or admonishment for a relevant offence
You do not have the training qualifications that you claimed you had on the application
You have been working with an SIA licence without the right to work or if the SIA have been informed by the relevant authorities that you do not have the right to work or are in the UK illegally
You break the conditions upon which your licence was issued
The SIA hold information which indicates you are not a fit and proper person to hold a licence
You become subject to detention or other compulsory measures due to mental disorder
If the SIA judge it necessary to revoke your licence, you will be informed in writing of this along with the basis for their decision and they will invite you to supply further information. You will have 21 days to provide a response to the revocation letter.
If you do not send a response within the 21 days then the decision to revoke your licence will take immediate effect 21 days after the revocation letter. You will again have a further 21 days in which to exercise the right of appeal to a Magistrate’s, Sheriff or District Court.
If you do send in a response within the 21 days then the SIA will give it due consideration and will write to you to inform you of their final decision. If they still feel it necessary to revoke your licence then you will have 21 days from the date of this letter in which to exercise the right of appeal to a Magistrate’s, Sheriff or District Court.
Suspending a licence
The SIA will normally consider suspension of licences only where they are reasonably satisfied that a clear threat to public safety could exist if they did not suspend the licence. This usually means that a serious offence has allegedly taken place where you have been charged but bailed. Licence suspensions have immediate effect. This means that you cannot legally work in any licensable sector even if you work for an approved contractor.
If it is in the public interest, the SIA will suspend licences in other circumstances. If the SIA judge it necessary to suspend your licence then they will write to inform you of this, providing the basis for their decision which will have immediate effect. You will then have 21 days in which to exercise a right of appeal to the Magistrate’s, Sheriff or District Court. At the same time you may also wish to tell the SIA of any factual errors in their assessment, e.g. an error of identity.
Your licence will remain suspended until the matter is resolved. The SIA monitor the suspensions and review them every 90 days. If, after suspension, the SIA judge it necessary to revoke your licence they will be revoking a suspended licence. This means that you will still be unable to work even if you appeal against revocation.
If your appeal against the revocation is successful, your licence will normally revert to its suspended status and be subject to the normal review process of 90 days.
Working in the security industry
What checks can employers do?
Although the SIA is exempt from the provisions of the ROA and will carry out a standard DBS check at application stage, the majority of job roles in the security industry are covered by the ROA. This means that an employer would only be able to ask you about unspent convictions and could only carry out a basic criminal record check.
If an employer wishes to undertake a DBS check and you have good reason to believe that it is an ineligible check, you should challenge this through the DBS.
Discuss this with others
Read and share your experiences on our online forum.
Disclosure and Barring Service – The government body responsible for carrying our standard and enhanced criminal record checks.
Get Licensed – Published by the SIA, it has a detailed guide to how they deal with applicants who have a criminal record.
Criminal Record Indicator – An online tool which will give you an indication as to whether you may or may not meet the SIA’s criminality criteria in order to obtain an SIA licence.
Social worker (and other health and social care professions)
Social workers and social work students are required to declare criminal convictions when registering with the Health and Care Professions Council (HCPC) . You must also inform the HCPC of formal criminal charges that are pending.
The Rehabilitation of Offenders Act 1974, which allows some convictions to become spent after a fixed period, does not apply. The law expects prospective social workers to declare convictions even if they are spent (unless they are protected by the filtering regime). The HCPC will then examine the disclosed information case by case, assessing how this affects your suitability to be a social worker or social work student.
Once registered, social workers and students are obliged to tell the HCPC of any new convictions or charges as soon as they occur. Registrants are also required to notify the HCPC of other changes in their circumstances, such as change of address or change of employer. This is a requirement of registration and failure to do so can be considered a conduct matter and could lead to you appearing before a conduct committee.
Other roles that are covered by the HCPC include:
arts therapists
biomedical scientists
chiropodists / podiatrists
clinical scientists
dietitians
hearing aid dispensers
occupational therapists
operating department practitioners
orthoptists
paramedics
physiotherapists
practitioner psychologists
prosthetists / orthotists
radiographers
social workers in England
speech and language therapists
The HCPC maintain a register.
More details about the ‘Character’ element of registration are available here.
A criminal record does not automatically bar you from working with young people and vulnerable adults, even if it involved violence. You are required to declare all your cautions and convictions, even if they are spent, unless they are eligible for filtering.
If you would like more information regarding social work employment with a violent past conviction, there is a useful report and case study that was published in 2013 on the Community Care website.
Street Trading Licence
What is street trading?
Street trading is defined as the selling or offering for sale any article in the street or from a vehicle, kiosk or moveable stall. Traders who use the public highway to sell goods or services must have a street trading licence to carry out trade from a designated site or pitch and display goods in front of a shop.
Trading from a vehicle, kiosk or moveable stall which is on the valuation roll does not require a street trader licence.
Are there exemptions?
You do not need a street trading licence if you are:-
A pedlar with a Pedlar’s Certificate issued by a police authority
A market trader operating at a licensed market venue
A news vendor selling only newspapers and periodicals
At a petrol station
As a roundsman with regular customers
As part of a charity collection if a valid permit is in force
If you are trading on private land you may not need a consent.
Why do I need a licence?
Most Council’s believe that street trading requires some form of control.
To ensure that traders in food meet an adequate standard of food hygiene and minimise any health risks to the public
To control nuisances which can be associated with street trading such as noise, smell and litter.
Who can apply?
Any person who is 18 years old or over can apply.
How do I apply?
Applications should be made to the Council in the area in which you wish to trade.
Application forms and guidance notes can be downloaded from most Council websites.
How much does it cost?
It varies from Council to Council
What if I have a conviction?
You will usually be asked to disclose all unspent convictions on application. Many Council’s now ask that you provide evidence of this by way of a basic criminal records check from Disclosure Scotland. Disclosures should not usually be older than 3 months from the date of issue. Having an unspent conviction will not necessarily be a bar to success and applications will be dealt with on a case by case basis.
Most Council’s have an Appeals process in place if your application is initially refused. Details can be found on the Council’s websites.
For entry to all professional and Postgraduate Certificate in Education (PGCE) courses in England and Wales there are both academic and non-academic requirements which need to be met.
The focus of this information is in becoming a teacher in a primary or secondary school with a criminal record.
Why is this important?
When deciding which career path to follow or what college/university course to study for, it’s important to establish what, if any barriers you could potentially come up against.
For anybody thinking about becoming a teacher, it’s more than likely that you’ll need to have an enhanced Disclosure and Barring Service check which may disclose the details of previous cautions/convictions.
Depending on the nature of your offence, you may be disqualified from being a teacher.
Disclosing your criminal record to a university
Before you can start a teacher training course, you’ll be asked to disclose details of both spent and unspent cautions and convictions unless they’re eligible for filtering.
UCAS include a question about criminal records on their application form although admission to a training course will be at the discretion of the relevant institution.
As part of their application process universities will often ask you to attend a Panel Hearing to consider your cautions/convictions and determine whether:
Based on the evidence provided, it is judged that you pose an unacceptable risk to the university.
You are able to meet the particular professional or statutory requirements that exist for some courses.
You will need to undergo an enhanced criminal record check and you will usually be asked to provide a signed statement confirming that you’re not disqualified from working with children.
Being convicted of certain violent and sexual offences against children and adults which are referred to in regulation 4 and Schedules 2 and 3 of the 2018 Regulations
Being convicted of an offence overseas, which would constitute an offence regarding disqualification under the 2018 Regulations if it had been done in any part of the United Kingdom.
Your enhanced DBS certificate will usually help you to determine whether your offence would fall under one of the above relevant offences.
Schools are unable to employ anyone who is disqualified under the 2018 Regulations. However, unless you’re on the Children’s Barred List, you can apply for a waiver from Ofsted which, if granted, will allow you to work in a school.
How do schools deal with teachers who have a criminal record?
If you have a criminal record that needs to be disclosed, it will not automatically prevent you from becoming a teacher.
Offences which would be considered to be most concerning would include:
Sexual offences
Crimes of violence
Crimes of dishonesty including fraud or embezzlement
Offences relating to possession or supply of illegal drugs
Any offences against children or which raised concern with regard to child protection.
When considering a person’s suitability to become or remain a teacher schools will review:
The length of time which has passed since the offence without any further convictions
The seriousness of the offence and whether it may be relevant to a person’s position as a teacher
Whether it would be proportionate to remove a person from the profession or prevent them joining the profession on the basis of the offence committed
Were any children directly involved either as victims or in terms of being put at risk?
The explanation provided by the teacher or applicant
Misconduct guidelines for teachers
In early 2014, changes were made to the National College for Teaching and Leadership (now referred to as the Teaching Regulation Agency) document for “Teacher Misconduct: The Prohibition of Teachers”.
The advice sets out the factors to be considered by a professional misconduct hearing panel and sets out that any criminal conviction involving indecent images of children will lead to somebody being banned from teaching.
For more information and further advice please see these guidelines.
Personal experiences
The personal story below has been posted on theRecord, our online magazine.
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.
UCAS – The Universities and Colleges Admissions Service is a UK-based organisation whose main role is to operate the application process for British universities.
Teaching Regulation Agency – The TRA has responsibility for the regulation of the teaching profession, including misconduct hearings and the maintenance of the database of qualified teachers.
Ofsted – The Office for Standards in Education, Children’s Services and Skills inspect and regulate services that care for children and young people. They are also responsible for the granting of waivers to teachers disqualified from teaching.
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