Rehabilitation of Offenders Act 1974 - Exemptions

Exemptions

Certain professions and employments are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job when applying for positions in similar fields. These professions include :

• Those working with children and other vulnerable groups, such as teachers and social workers
• Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
• Doctors, dentists, chemists, nurses or Paramedics
• Accountants
• Veterinarians
• Managers of unit trusts
• Anyone applying to work as an officer of the Crown
• Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
• Any employment or other work normally carried out in bail hostels or probation hostels
• Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
• Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
• Officers and other persons who execute various court orders
• Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
• Contractors who carry out various kinds of work in tribunal and court buildings
• Certain company directorships, such as those for banks, building societies and insurance companies
• Certain civil service positions are excluded from the act, such as employment with the Civil Aviation Authority and the UK Atomic Energy Authority.
• Taxi drivers and other transport workers. This also includes Stewardesses, pilots and anyone working in the secure zone of an airport.

Aside from these trades and professions, the law also exempts organisations if the question is asked:

• by or on behalf of The Football Association, The Football League or Premier League to assess someone’s suitability to work as, or supervise or manage, a steward at football matches.
• by the Financial Services Authority and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors.
• to assess a person’s suitability to adopt children, or a particular child, or a question about anyone over the age of 18 living with such a person

There are also a number of proceedings before a "judicial authority" (widely defined) that are excluded from the Act, and where spent convictions can be disclosed. These include applications for adoption or fostering, and for firearms certificates.

Applicants to university courses are required to declare their criminal records on their UCAS forms. Students applying to do law, medicine, teaching, nursing and social work (or similar trades) may be barred if they have a conviction, even if it is spent.