How the law treats pre-12 behaviour now
When we talk about 'pre-12 behaviour' we mean any relevant behaviour that took place before the age of 12.
This can include:
- information about convictions
- information about other behaviour held by Police Scotland
The new law stops information about these behaviours from automatically appearing on a disclosure certificate.
The information can only appear on an enhanced disclosure or on a Protecting Vulnerable Groups (PVG) scheme record if the independent reviewer thinks it is necessary.
Do I have to declare information about my pre-12 convictions on a job application?
What if an employer asks me to complete a disclosure application, do I have to declare it then?
You only need to declare information about your pre-12 convictions to an employer if:
- you complete an enhanced disclosure and the independent reviewer decides to include the information on your certificate
- you apply for a Protecting Vulnerable Groups (PVG) scheme record and the independent reviewer decides to include the information on your certificate
What if an employer asks me about it in an interview, do I have to declare it then?
No, so long as it has not been disclosed on a disclosure certificate.
Yes, if you have completed an enhanced disclosure or a PVG scheme record application and the independent reviewer decides to include the information on your disclosure certificate.
What happens if my pre-12 information is included on my disclosure certificate?
If the reviewer decides to include your pre-12 information it will appear on your certificate under the heading 'Other Relevant Information' (ORI).
An employer may then ask you questions about what happened. You do not have to answer these questions, but it may affect your prospects if you do not. It's a good idea to think about what you might say beforehand.
What happens if I do not declare the information, and then it's included on my disclosure certificate? Will I get in trouble?
No. You do not have to discuss any information about your pre-12 convictions unless it is disclosed on an enhanced disclosure or PVG scheme record certificate. So you cannot be discriminated against for not declaring the information.