The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, No. 1023 (as amended)

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 provides exemptions to certain provisions of the Rehabilitation of Offenders Act 1974. Here's a summary:

Purpose: The primary purpose of the Exceptions Order is to specify certain circumstances where the Rehabilitation of Offenders Act 1974 does not apply, allowing employers or authorities to request disclosure of spent convictions or cautions under specific conditions. These exemptions typically relate to roles or positions that involve working with vulnerable individuals or require a high level of trust and responsibility.

Requirements: The Exceptions Order specifies the types of positions or roles for which spent convictions or cautions may need to be disclosed despite the general protections provided by the Rehabilitation of Offenders Act 1974. Employers or authorities may be required to follow specific procedures or criteria when requesting disclosure, such as obtaining consent from the individual, providing justification for the disclosure, or conducting risk assessments.

Who They Apply To: The Exceptions Order applies to employers, licensing authorities, regulatory bodies, and other organizations that may need to assess individuals' suitability for certain roles or positions. It typically applies to roles that involve working with vulnerable populations, such as children, elderly individuals, or individuals with disabilities, as well as positions that require a high level of trust, security clearance, or regulatory oversight.

Overall, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 provides exemptions to the general protections of spent convictions or cautions under specific circumstances, allowing for disclosure in certain roles or positions where there are legitimate concerns about safeguarding or public safety.

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 specifies circumstances where disclosure of spent convictions or cautions may be required despite the general protections provided by the Rehabilitation of Offenders Act 1974. While the order itself does not outline detailed evidence requirements, here's a summary of how evidence may be involved:

1. Justification for Disclosure: Employers or authorities seeking disclosure of spent convictions or cautions under the Exceptions Order may need to provide justification for the request. This could include demonstrating that the position or role in question involves working with vulnerable individuals, handling sensitive information, or requires a high level of trust and responsibility. Evidence supporting the necessity of disclosure may include job descriptions, risk assessments, or legal requirements applicable to the role.
2. Individual Consent: In some cases, individuals may be required to provide consent for disclosure of their spent convictions or cautions under the Exceptions Order. Employers or authorities may need to maintain evidence of the individual's consent, such as signed consent forms or written communications confirming consent.
3. Risk Assessments: Employers or authorities may conduct risk assessments to determine the potential risks associated with a role or position and the relevance of an individual's spent convictions or cautions to those risks. Risk assessment documentation may include evidence of factors considered, the rationale for the decision, and any mitigation measures implemented to address identified risks.
4. Legal Compliance: Employers or authorities requesting disclosure of spent convictions or cautions under the Exceptions Order may need to demonstrate compliance with relevant legal requirements, such as data protection laws or regulations governing disclosure of criminal records. Evidence of legal compliance may include documentation of the procedures followed, safeguards implemented to protect individuals' privacy rights, and adherence to statutory requirements.
5. Record-keeping: Employers or authorities involved in requesting or processing disclosure of spent convictions or cautions under the Exceptions Order should maintain accurate records and documentation related to the process. This may include records of requests for disclosure, evidence supporting the justification for disclosure, documentation of individual consent, and any decisions made based on the disclosed information.

Overall, while the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 does not specify detailed evidence requirements, employers or authorities should ensure that they have appropriate documentation and evidence to support requests for disclosure of spent convictions or cautions under the order and to demonstrate compliance with legal requirements and procedural safeguards.