can / or should someone who was breathalised 28 yrs ago , have this info passed on to a new employer , via a top whack crb check?
we are talking about someone who will be driving a school minibus?
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Breathalysed or failed a breathalyser?
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Morally, no.
No idea whether the system takes a different view.
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strieght foward brethalizer , a fine and a 12 mth ban
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Working with children is one of the exemptions of the Rehabilitation of Offenders Act. So you should disclose the conviction. In any event the CRB check would highlight it. Not disclosing is also an issue.
A spent Drink Drive conviction which is 28 years old should not cause a problem. Offenses of violence etc would do.
Some good information here: tinyurl.com/yj3v2op
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careersadvice.direct.gov.uk/helpandadvice/exoffend...m
You don't need to disclose spent convictions when applying for most jobs. Under the Rehabilitation of Offenders Act 1974 it's unlawful for an employer to discriminate on the grounds of a spent conviction. However, some types of jobs are exempt from this Act ? this means you have to disclose spent convictions as well as unspent ones. These jobs include:
* working with children and vulnerable adults, such as elderly and disabled people
Can an employer ask for additional information about me?
Depending on the job, employers can request that successful applicants apply for different types of disclosure:
* Basic Disclosure - any employer can request this for any job (even jobs not exempt under the Rehabilitation of Offenders Act). This contains only details of unspent convictions.
* Standard Disclosure is for jobs with regular contact with children or vulnerable adults and jobs exempt from the Rehabilitation of Offenders Act. This shows all convictions, including spent ones.
* Enhanced Disclosure is for jobs with greater (unsupervised) contact with children or vulnerable adults and for some judicial appointments and licensing purposes. This shows all convictions, including spent ones, plus possibly other information from local police records.
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The conviction is long since 'spent', so generally need not be declared, but the introduction of enhanced CRB checks changed the goalposts a little bit.
It may say something on the application form.
For example, if you want to be a prison visitor, the form asks for any previous, including spent, convictions.
The concern with a school minibus will be child welfare, so the employer will be looking for previous offences of indecency, violence, that sort of thing.
I would be inclined to mention the drink drive conviction, in the reasonable expectation it will not affect things one way or the other.
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several questions
why insolvancy?
lots more , after 28 yrs surly this cannot be held agaist you ,, although it looks like it?
tiz not the CC that are kicking off ,they are happy , its a new manager at the agency
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can / or should someone who was breathalised 28 yrs ago , have this info passed on to a new employer , via a top whack crb check? >>
In my opinion, everyone in the EU should be treated equally. So the enhanced CRB check should declare the information to the same extent as is possible for people from the EU who are entitled to apply for the job (do people from Romania or Spain or Poland or any other EU country have their records on the Police National Computer?. As we know from last week's news, even Doctor's from Germany can come and practice in the UK without any checks on their sutability, let alone their ability to speak or understand English.)
Anyway, UK record keeping is now governed by this:
www.crb.homeoffice.gov.uk/media/news/retention_of_...x
Retention of criminal convictions on PNC
Thursday 26 November 2009
On 19 October, a judgment by the Court of Appeal supported the retention of criminal convictions on the Police National Computer (PNC) for policing purposes. The police are obliged under Part V of the Police Act, to provide the CRB with access to all convictions held on PNC. The police will no longer “step-down” or “weed” convictions, cautions, reprimands or warnings from the PNC, which means that all convictions will be retained on the PNC until an individual’s 100th birth date.
As a direct result of this, and as the CRB does not own the data held on PNC, the CRB will no longer accept a Dispute where the information revealed on a CRB certificate is being disputed on the basis that the police should have applied the “weeding” or “stepped down” rules.
AFAIK, therefore, if your crime is recorded on the PNC, it will stay there until you are 100 years old, and it will be disclosed in an enhanced CRB check.
For all you know, your local Police may erased records of your crime and not have input your crime on the PNC before this ruling came in to force.
www.crb.homeoffice.gov.uk/using_the_website/applic...x
www.crb.homeoffice.gov.uk/PDF/CIPD_Employing_ex-of...f
Employing ex-offenders - A practical guide
Edited by jbif on 07/02/2010 at 18:03
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From my understanding of the RO Act is that any access to schools, children and/or vulnerable people in general will generate an exception to the ROA. that is, a CR check will be required & full disclosure of normally spent convictions will be required.
I happened to drive a minibus many years ago for a Community Transport project (not sure if this organisation still exists..) - driving old(er) people, kids & disabled people around (great job btw - enjoyed every minute!) & was told that if I drove primarily kids around I'd be required to have a CR check with full disclosure etc.
Oddly, in those days because I was a 'general' driver a CR check wasn't required - shows how long ago it was!
I would cross-check what I've said with Citizens Advice or similar (or even a solicitor) though.
One thing - just because someone applies for a job & maybe have a 'blemish' on their record, it doesn't automatically disbar them - these things are dependent on actual offence, length of time 'clean' etc. - and I suppose any discretion the employer might have (or wish to exercise).
The insurer of the new employer may have stringent requirements for cover with this, so I'd be tempted to volunteer the info, even if CR check doesn't highlight it.
Best of luck anyway.
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as stated above , the problem is with a new manager at the job agency ?
in fact the person in question actually used to work for the CC and was issued with a van , untill taking early retirement , so i can,t see the insurance being a problem?
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freddy would you tell american immigration as you went through
would you tell the local council that your new wall is 6 feet 2 inches
would you bring up a 28 year old conviction that is well spent and you havent reoffended
i know what my answers are
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um no , but the CC had a full docuament , tiz the agencys new boss that is being an idiot , unless he wants to get his aunties/brothers/son the good job?
Edited by Dynamic Dave on 08/02/2010 at 00:25
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.. tiz the agencys new boss that is being an idiot , unless he wants to get his aunties/brothers/son the good job? ... >>
No, IMO, you can blame Ian Huntley's Soham murders for this situation. The agency is under a legal obligation to carry out an enhanced CRB. The new ruling I quoted earlier means that all convictions (and even matters which have never been brought to court if the Police think they are relevant) have to be revealed.
Now, in the case you quote, IMO there really should be no problem in getting the job even after the conviction has been revealed by the enhanced CRB.
The agency's new boss is simply doing his job correctly by asking for a full CRB. Even if the applicant lies on the form, the PNC will find him/her out if the record exists on the database. Once your lies have been found out, you may lose your job. see
www.crb.homeoffice.gov.uk/PDF/CIPD_Employing_ex-of...f
Edited by Dynamic Dave on 08/02/2010 at 00:25
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Only trouble is BB
This is from the Liberty website:
"The ROA is often criticised for the many and wide exceptions to the general principle of protection in respect of spend convictions. If you fall within any of the exceptions, the you will be required to disclose all your convictions, both spent and unspent. Your spent convictions, or your failure to disclose your spent convictions, may be lawful grounds to refuse to employ you, or to dismiss you or restrict your employment."
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freddy would you tell american immigration as you went through
Oh most definitely YES. They have plenty of ways of finding out and will shortly (if not already) have access to our records.
If they find you lying on a visa application this is 1000's times worse to them than the original offence and will stop you forever getting a visa.
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why insolvancy?
He said indecency...
Taxi drivers have to undergo an enhanced CRB check for much the same reasons, ie they sometimes carry unaccompanied schoolchildren, residents from adult care homes, not to mention very drunk lone young ladies at 3am around areas they know better than most - hence the need for absolute trust.
The basic criteria the employers would be looking for are offences of sex, drugs or violence - I certainly can't see a DD conviction from the early 1980s counting against you. Email me (address in my profile) Freddy for some more in-depth info.
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I am sorry , i misread the word.
the problem is,nt mine it a friends
thanks for the help tho
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