Sample policy on the Recruitment of Ex-offenders
Part V of the Police Act 1997 is aimed at helping employers and other organisations assess the suitability of applicants for particular posts and to make safer recruitment decisions in relation to positions of trust by widening access to criminal record information. The Act provides for the issue of criminal conviction certificates, criminal record certificates and enhanced criminal record certificates. In Scotland, these certificates are issued by Disclosure Scotland. In practice, the certificates are known as Basic, Standard and Enhanced Disclosures respectively.
The Act also provides for a Code of Practice to be published by Ministers governing the use of all information issued in respect of Standard and Enhanced Disclosures. The Code requires all recipients of such Disclosure information to comply with the Code and to use that information properly and fairly. Where conviction or other information is revealed as part of the Disclosure process, that information must not be used to unfairly discriminate against individuals when considering them for positions.
Employers and others who make use of the Disclosure scheme are expected to have a written policy on the recruitment of such individuals, which can be given to applicants for positions where a Disclosure is requested, and to ensure that any body or individual, at whose request applications for Standard and Enhanced Disclosures are countersigned, has such a written policy.
Disclosure Scotland, as part of its compliance audit procedures, should be provided on request with copies of organisations' policies. We may require changes to be made to such policies.
Disclosure Scotland has produced the following sample policy statement to assist organisations which do not already have such a policy in complying with the Code of Practice.
Click HERE for a MS Word version of the policy.
