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Recruitment and selection: key differences in Scotland and Northern Ireland

Updating authors: Lynda Macdonald, Rob Davies and Annabel Mace, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Andrew Spratt

Future developments

Rehabilitation of offenders (Scotland): From 10 March 2014, the rehabilitation periods set out in the Rehabilitation of Offenders Act 1974 were reduced in England and Wales. They were not reduced in Scotland (see Rehabilitation periods). However, the Management of Offenders (Scotland) Bill, which is passing through the Scottish Parliament, sets out proposed reduced rehabilitation periods (referred to as "disclosure periods") for Scotland. The Bill also increases the length of the sentence of imprisonment beyond which prior convictions must always be disclosed, from 30 months to 48 months. Disclosure periods for custodial sentences will be calculated as the relevant sentence plus a specified additional period. The additional period will be halved if the individual was under 18 at the time of the conviction.

Proposed disclosure periods include the following:

Sentence Disclosure period - aged 18 or over Disclosure period - aged under 18
Custodial sentence not exceeding 12 months Term of sentence plus two years Term of sentence plus one year
Custodial sentence exceeding 12 months but not exceeding 30 months Term of sentence plus four years Term of sentence plus two years
Custodial sentence exceeding 30 months but not exceeding 48 months Term of sentence plus six years Term of sentence plus three years
A fine 12 months Six months
A compensation order 12 months Six months
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty's service. 10 years Five years
A sentence of dismissal from Her Majesty's service. Seven years Three years and six months

Filtering of disclosure checks (Scotland): Certain spent convictions are filtered out from higher-level disclosure where 15 or more years have passed since the date of the conviction (seven years and six months or more where the individual was under 18 when convicted) (see Filtering of disclosure checks). In its April 2018 consultation: Protection of vulnerable groups and the disclosure of criminal information, the Scottish Government has proposed an option to reduce these disclosure periods to no less than 11 years (no less than five years and six months where the individual was under 18 when convicted). The consultation closes on 18 July 2018.

Scotland

Employment law

Employment law relevant to recruitment and selection is applicable in Scotland in the same way as it is in England.