Recruitment of people with a criminal record
The Jersey Vetting Bureau (JVB) requires users of its service to sign a registration agreement, in order to satisfy itself that its obligations to act in accordance with the Criminal Records Bureau (CRB) code of practice are fulfilled.
Jersey Vetting Bureau registration agreement
A policy on the recruitment of people with a criminal record is included as part of the registration agreement.
Recruitment of people with a criminal record
1. Background
1.1. The Rehabilitation of Offenders Act (ROA) 1974 was introduced in the UK to ensure that ex-offenders who have not re-offended for a period of time since the date of their conviction are not discriminated against when applying for jobs. In Jersey, the equivalent Law is the Rehabilitation of Offenders (Jersey) Law 2001.
1.2. The Law allows that ex-offenders are no longer legally required to disclose to organisations convictions that have become ‘spent’.
1.3. However in order to protect certain vulnerable groups within society, there are a large number of posts and professions that are exempted from the Law and additionally include employment within positions of trust.
1.4. In such cases, organisations are legally entitled to ask applicants for details of all convictions, whether unspent or spent.
2. Responsibilities
2.1 The Registered Service-User will make all efforts to prevent discrimination and other unfair treatment against any of its staff, potential staff or uses of its service regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical disability or offending background that does not create a risk to children and vulnerable adults.
2.2 The Registered Service-User will ensure that that any criminal record information given by an individual is kept confidential and according to the requirements of the Data Protection Law, and, where appropriate, the CRB Code of Practice.
3. Recruitment
3.1 Having a criminal record will not necessarily bar the applicant from working with the Registered Service-User. This will depend on the nature of the position and the circumstances and background of the applicant’s offences.
4. Code of Practice
4.1 The Registered Service-User will make available a written Equal Opportunities and Recruitment of Ex-Offenders Policy to all applicants at the start of the recruitment process.
4.2 The Registered Service-User will actively promote equality of opportunity and welcome applications from a wide range of candidates, including those with criminal records.
4.3 Applicants with criminal records will be treated according to their merits and in conjunction with any special criteria for the post.
4.4 The Registered Service-User will ensure that all those within the organisation who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. The Registered Service-User will also ensure such staff have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders e.g. the Rehabilitation of Offenders (Jersey) Law 2001.
Rehabilitation of Offenders (Jersey) Law 2001 on Jersey Law website
4.5 Unless the nature of the position entitles the Registered Service-User to ask questions about an applicant’s entire criminal record, the Registered Service-User will only ask about ‘unspent’ convictions as defined in the Rehabilitation of Offenders (Jersey) Law 2001. This information is requested at the initial application stage.
4.6 The Registered Service-User will only request a disclosure after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a disclosure will be requested in the event of an individual being conditionally offered the position.
4.7 Where a disclosure is to form part of the recruitment process, the Registered Service-User will encourage all applicants called for interview to provide details of their criminal record at an early stage in the application process and before disclosure is undertaken. For such positions, the Registered Service-User will request that this information is volunteered by the applicant and is sent under separate, confidential cover to a designated person within the organisation, and the Registered Service-User will guarantee that this information is strictly confidential and only seen by those who need to see it as part of the recruitment process.
4.8 At interview or in a separate discussion, the Registered Service-User will ensure that an open and measured discussion takes place on the subject of any offences or other matter revealed by the applicant and/or through disclosure, if undertaken, that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of a conditional offer of employment.
4.9 If an applicant reveals a serious criminal record, the recruiter within the Registered Service-User will consult the appropriate senior member of staff / management. A decision to reject an applicant because of, or partly because of, a criminal record should relate to an aspect of person specification which is seen to be unmet. If possible, in these circumstances, the Registered Service-User will advise the applicant why their application has been unsuccessful.
4.10 The Registered Service-User will make every applicant for a position, that is subject to a disclosure, aware of the existence of the CRB Code of Practice and make a copy available on request.
Download JVB policy on the recruitment of people with a criminal record (size 60kb)
Download guide to Rehabilitation of Offenders Law (size 148kb)