Conditional discharges

[Law Man1856]

If a criminal offence results in a conditional discharge ( 12 months ) from the court, after this period it is discharged. But is it still to be disclosed after it is spent or does it remain forever disclosable?

Particularily if applying for Police or Security jobs?

[Buenchico]

In general, a conviction resulting in a conditional discharge becomes spent when the order expires (subject to a minimum period of 12 months).

For most applications for employment (as well as for insurance, etc), there is no need to disclose the conviction once it has become spent. (i.e. Even if a form specifically asks 'Have you ever been convicted of a criminal offence?', you can lawfully answer 'No' without risk of prosecution).

There are some exemptions. Convictions are never regarded as spent when a person is applying for any job in the 'caring professions' or for a job which involves the 'administration of justice'. (Applicants for jobs in the police force must declare all criminal convictions). However, jobs in the Security sector (except where national security is concerned) are subject to the normal rules and convictions can become spent after the relevant period of time.

Another important exception to convictions becoming spent relates to applications covered by the laws of other countries. For example, anyone with a criminal conviction wishing to travel to the USA has to go through the long-winded process (taking 5 to 6 months) of applying for a visa because their conviction will never be regarded as spent.

http://www.lawontheweb.co.uk/rehabact.htm

Chris

[Law Man1856]

Thanks this has clarified my understanding.

[Annlinda]

It would be listed as previous conviction if you are brought before the court again for any reason.