30 November start for conviction disclosure changes

Applicants for jobs and insurance cover in Scotland will benefit from reduced time periods for disclosure of certain criminal convictions from later this year.

The Scottish Government has set 30 November 2020 as the date to bring into force part 2 of the Management of Offenders (Scotland) Act 2019. These provisions revise the periods after which convictions can be considered spent, with the aim of striking a better balance between public safety and allowing people to put a criminal past behind them.

The reforms will not change disclosure periods for more serious convictions which result in prison sentences above four years. Nor will disclosure rules for sensitive occupations such as teaching or medicine be altered.

For non-custodial sentences the disclosure changes include:

• for community payback orders, a reduction from five years to 12 months or the length of the order, whichever is longer;
• for fines, a reduction from five years to 12 months;
• an admonishment or absolute discharge will no longer need to be disclosed.

For custodial sentences, disclosure periods will be:

• for sentences up to 12 months, the length of the sentence plus two years;
• for sentences between 12 and 30 months, the length of the sentence plus four years;
• for sentences between 30 and 48 months, the length of the sentence plus six years.

Offenders aged under 18 at time of conviction have the additional period reduced by half.

Justice Secretary Humza Yousaf commented: "Parliament agreed that current disclosure periods are too long. Employment and the skills, opportunities and hope that it brings, can support routes out of offending, thereby contributing to safer communities.

"These important reforms balance the requirement for safeguards to understand a person’s recent offending behaviour with the need to allow people to move on with their lives – to seek gainful employment, support their families and contribute positively to their communities.

"I am grateful for the work of Disclosure Scotland in preparing for these changes, which can have a positive impact on our economy as well as society. Employers, insurers and others who routinely require information on criminal convictions should be aware of the changes so their processes continue to comply with the law."

He added: "Even where potential employees need to disclose an unspent conviction, I hope employers can, where appropriate, see that as just one aspect of the person, alongside the skills and experience they can bring. Several high profile employers already take this approach and regularly pay testament to the rewards of doing so."

Guidance as to how the new law will apply can be found on the Scottish Government website.