Under the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (as amended), the SPS is listed as an exempted employment. The SPS is therefore entitled to request details of all convictions that are not “protected convictions” during the recruitment or vetting process. During the application process, applicants will not be asked to disclose any information to SPS in relation to criminal convictions, with the exception of:
Information regarding any live criminal investigations, live charges or pending outcomes. This will not automatically lead to rejection, however, should the applicant be successful, consideration will be given to the nature and circumstances of the case as part of the pre-employment checks.
On completion of the recruitment process, an Enhanced Disclosure Scotland or a PVG scheme certificate will be requested by SPS for successful candidates as part of the pre-employment checks.
On receipt of the Disclosure Scotland/PVG Scheme certificate, where any criminal convictions or other relevant information is disclosed, this will be discussed with the applicant and further details regarding the circumstances of the conviction may be requested from the applicant. The application may at that stage be rejected.
The criminal convictions criteria defined in this guidance must be used to assess each applicant on an individual basis. It is not an exhaustive list. There may be circumstances where an individual does not fall within the criteria, but whose suspected involvement in crime, or criminal associations make an offer of employment inappropriate.