Advice on life after a 53a Prosecution

Discussion in 'Disputes & Prosecutions' started by Pokemon321, 27 Mar 2019.

  1. Pokemon321

    Pokemon321 Member

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    Hi there,
    Was wondering if I could ask for some advice, I was prosecuted for a 53a over a year ago and am currently leaving a staff job in the media industry to go in to the freelance world. I wanted to ask what the procedure was when apply for new work, as it's been over a year do I still have to report it up front? Would it still appear on a Basic check? I'm more than happy to tell my employers about it, but would it be required by law? As I'm going freelance I'll be hoping to do short stints at various companies for the foreseeable. As it's been over a year, is it still legally required to inform any new employeers?

    Any advice would be great!

    Thanks!
     
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  3. cuccir

    cuccir Established Member

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    This is section 53a of the Regulation of the Railways Act?

    What was your punishment? A fine or communtiy service are spent after 5 years from date of conviction, so you'd still have to inform new employers for that length of time.
     
  4. Pokemon321

    Pokemon321 Member

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    Yes it was under that section and yes it was a fine.
    Ok brilliant thank you, is there anywhere online I can read a bit more into this? Would like some advise on travelling abroad, best way to tell employers etc?
     
  5. PaulLothian

    PaulLothian Member

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  6. najaB

    najaB Veteran Member

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    For clarity, I presume you mean Section 5.3 (a) ? If so, nowadays it will be considered spent after twelve months rather than five years.
     
  7. Pokemon321

    Pokemon321 Member

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    Hello both,
    Yes it was a fine under Section 5.3(A) Of The Regulation Of Railways Act 1889.
    So as it was Jan last year, it would now be consider spent and I wouldn't need to report to any future employers unless asked? Or is it five years? Any clarification on this would be amazing!
    Many thanks
     
  8. SussexMan

    SussexMan Member

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    I can't immediately think of jobs in the media industry which would fall within the requirement for an Enhanced DBS check. It isn't about "unless asked". Employers have to have a legal basis for requesting an enhanced check (although many employers unlawfully get staff to do them). You can check which jobs require enhanced DBS checks here:

    https://www.gov.uk/find-out-dbs-check
     
  9. Pokemon321

    Pokemon321 Member

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    Hi there, yes I have checked that DBS check and my role does not fall under any of that, but would anyone be able to clear up whether my conviction is spent after 1 year or 5 years?
    Many thanks,
    Zain
     
  10. SussexMan

    SussexMan Member

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    A quick Google gives you the answer:

    https://www.gov.uk/exoffenders-and-employment

    Punishment: Fine
    Rehabilitation period (from end of sentence):1 year (from date of conviction)
     
  11. Pokemon321

    Pokemon321 Member

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    Brilliant thank you very much!
     
  12. najaB

    najaB Veteran Member

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    This is correct. It used to be five years but changed a little while back.
     
  13. Pokemon321

    Pokemon321 Member

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    Fantastic, thank you for the advice everyone!
     
  14. cuccir

    cuccir Established Member

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    Ah, my mistake - apologies for the misleading advice.
     
  15. broadgage

    broadgage Member

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    Just to add, that a conviction which is for ordinary purposes "spent" does remain on file somewhere and can be relevant many years later, for example if seeking a firearm license, explosive storage/handling permission, or if applying to become a police officer, prison warder, or joining the intelligence services.
    I am aware of someone with a long ago conviction for theft, who was refused employment in an admin role at a quarry, due to the use of explosives in that work. Whilst their work would not have involved handling explosives, they could probably have gained access to the explosives store.
    They had no problem in obtaining other work.
     
  16. Pokemon321

    Pokemon321 Member

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    Hi there,
    Thank you for this, I will do some digging and ask some people I trust in my industry about whether it would need to be reported at all, for example if I do work on a Children’s programme etc.

    Thanks to everyone for their advice!

    No worries at all!
     
  17. najaB

    najaB Veteran Member

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    Indeed. Spent convictions can still be returned on an enhanced DBS check, if they aren't filtered.
     
  18. jumble

    jumble Member

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    It is supposed to be impossible to obtain your own copy of an enhanced DBD
    In the real world applying to volunteer for scouts or at a school fits the bill

    ( I do know of very naughty people who simply obtained theirs via an umbrella organisation ( Not me! my job mandates Enhanced DBS)
    This is against the rules and so I would never advocate doing this but struggle to understand who would care or do anything about it if this course of action was followed)
     
  19. Pokemon321

    Pokemon321 Member

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    Hi there, I wasn't referring to getting my own DBS check, I was referring to the quick online check on the gov website which gives you an indication of the types of jobs which require a standard or enhanced check. I understand the only check you are able to get hold of yourselves is a basic check.
     
  20. davart

    davart Member

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    Yes that's right.

    The Enhanced check also has options within it. Those are: paid vs volunteer, child or adult workforce or both, then specific checking of banned lists.

    I formerly drove an ambulance which needed basically everything.

    The standard checks would exclude spent convictions.

    Enhanced will disclose everything although there is some discretion due to filtering and at the decision of the Chief Constable.
     
  21. 30907

    30907 Established Member

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    Surely an Enhanced DBS will not (now, it may have changed) disclose a conviction that has been filtered out (the OP's one is such, at least if a one-off)?

    So - the OP's conviction will be spent after 12 months, and will not show up on a DBS check should they be required to apply for one.
     
  22. davart

    davart Member

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    Depends on the job role.

    For example, although minor, it's an offence that calls into question one's honesty.

    If you were working with vulnerable people, it would most likely be disclosed.

    The employer would do a risk assessment based on that to determine suitability. It would likely be fine but nonetheless would be looked at.

    A chap who was on the ambulance training course with me had a teenage shoplifting offence from the 1980s show up.

    Don't forget an enhanced check can show information that wasn't even a conviction. A suspicion can show up if deemed relevant.

    It's not called 'Enhanced' for nothing :)

    That said, most likely won't be a problem. Just be upfront about it where appropriate.

    At interview for the ambulance job I was asked if there was anything I wanted to make them aware of. As long as it's upfront, it can be dealt with. Keeping quiet and then something popping up on a DBS is something that a company couldn't deal with.

     
    Last edited: 29 Mar 2019
  23. broadgage

    broadgage Member

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    A spent conviction is most unlikely to be relevant for work involving working on a TV programme intended for children. It might just possibly be considered relevant if working WITH children, but probably not.
    The rules on potentially private, or "one to one" contact with children are very strict, however they are more relaxed for say filming in a TV studio or on location with other people present.
     
  24. griminalways

    griminalways Member

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    can i ask what you were prosecuted for?
     
  25. Mathew S

    Mathew S Established Member

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    Enhanced DBS Disclosures sometimes include "non-conviction information" which the police think should be disclosed. This would generally be the existence of intelligence or a current investigation which they believe make a person unsuitable for the role they've applied for, but which they do not want the subject of the check to be aware of (e.g. if it could compromise an ongoing investigation).

    Filtered = will not show up on any DBS disclosure of whatever level.
    Spent = will show up on Standard and Enhanced Disclosures, but not Basic disclosures.

    No. Standard disclosures include spent convictions. Only Basic disclosures do not include spent convictions.
     

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