; Self-Declaration Form

The formal mechanism for obtaining conviction information is through the PVG Scheme Record. However, use of a self-declaration form at the interview stage of volunteer recruitment enables the applicant to disclose convictions, or other information, in a confidential manner and discuss with the interviewers the relevance and context of the information. Those recruiting and selecting volunteers can then decide if this information is relevant to the post, and if the applicant is suitable to hold the position. You can then take up references and then move onto the formal mechanism of applying for PVG Scheme membership with the applicant.

Prior to September 2015 all convictions, spent and unspent, needed to be disclosed. In September 2015 there was a change to the legislation regarding the disclosure of criminal convictions when applicants are thinking about joining the PVG Scheme.

The law now requires the following always to be disclosed –
• any unspent convictions, and
• any spent convictions contained in a list of offences that must always be disclosed.
 
You can find out more details here: http://www.disclosurescotland.co.uk/about/SummaryofChanges.htm

Find out more about PVG Scheme Membership here.

Volunteers with information on their Self Declaration Form or PVG Scheme record

Around a fifth of people in the UK have a criminal conviction. In addition, the Police can disclose other information that they feel may be relevant for inclusion on a PVG Scheme Record. It likely, therefore, that some of your potential volunteers will have information on the PVG Scheme Records. Organisations receiving this information need to decide if the information is relevant to the post and prevents them from recruiting the volunteer.

When you are reviewing and discussing the disclosed information, it is important to take the following points into consideration:

  • Whether the conviction or other matter(s) revealed on the Scheme Record is relevant to the position in question
  • The seriousness of any offence revealed
  • The length of the time since the offence or other matter(s) occurred
  • Whether the applicant has a pattern of offending behaviour or other relevant matters
  • Whether the applicant's circumstances have changed since the offending behaviour or the other relevant matters

In September 2015 the regulations around criminal conviction disclosure changed.

The law now requires the following always to be disclosed:

 

 

 

This means that many ‘spent’ convictions will not be disclosed, or need to be disclosed by the PVG Applicant on a self-declaration form.

 

‘Unspent’ convictions are convictions that the Rehabilitation of Offenders Act 1974 determines not yet to have reached the point where the person is to be treated, for most purposes, as if they had not committed the offence . Some convictions because of their nature can never become spent, for example an offence that carried a sentence of imprisonment for more than 2 years and 6 months remains unspent.  The point at which a conviction becomes spent depends on the sentence received and not the type of offence.

 

You can find out more about the changes here:

 

http://www.disclosurescotland.co.uk/about/SummaryofChanges.htm

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