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| The following professions fall under The Exceptions Order in The Rehabilitation of Offenders Act 1974 (Exceptions order) 1975. Schedule 1, Articles 2(3), 3 and 4. |
Excepted professions, offices, employments, work and occupations:
• Barrister
• Advocate (Scotland)
• Solicitor
• Registered foreign lawyer – given by section 89 of the Courts and Legal Services Act 1990
• Legal executive – a fellow of the Institute of Legal Executives
• Receiver appointed by the Court of Protection
Part 11
Offices, employments and work
Judicial appointments.
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.
Procurators Fiscal and District Court Prosecutors, and any employment in the office of a Procurator Fiscal or District Court Prosecutor or in the Crown Office.
Justices’ chief executives, justices’ clerks and their assistants.
Clerks (including depute and assistant clerks) and officers of the High Court of Justiciary, the Court of Session and the district court, sheriff clerks (including sheriff clerks depute) and their clerks and assistants.
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CRB Disclosure for the legal profession
A Disclosure is only requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a Disclosure is required, all application forms, job adverts and recruitment briefs will contain a statement that a Disclosure will be requested in the event of the individual being offered the position.
Where a Disclosure is to form part of the recruitment process, all applicants called for interview should be encouraged to provide details of their criminal record at an early stage in the application process. This information is sent under separate, confidential cover, to a designated person within the organisation and is guaranteed that this information is only seen by those who need to see it as part of the recruitment process.
Unless the nature of the position allows the organisation to ask questions about an entire criminal record then you can only be asked about "unspent" (current) convictions as defined in the Rehabilitation of Offenders Act 1974.
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