You must always tell us about a caution or conviction (even ‘spent’ ones), unless they are protected
There are some circumstances where you do not need to tell us about a caution or conviction if it is protected. This varies depending on the which country within you live in the UK that you live in. You can find detailed information on this in the relevant legislation as set out below.
England and Wales
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013
When considering whether you need to declare a caution or conviction, it is important that you follow the relevant legislation for the country in the UK where the crime was committed and any guidance linked with it.
If your offence is a ‘listed offence’ under the relevant legislation of the country in the UK where the crime was committed, it will never be protected, and you must inform the HCPC immediately.
Listed offences include serious violent and sexual offences and offences which may raise concerns about whether you should work with children or vulnerable adults. You can find more guidance on listed offences and providing information about cautions and convictions on the websites of the disclosure services.
Convictions Before You Turned 18
You must declare any cautions or convictions that you may have, even if you received them when you were under the age of 18. This includes any cautions or convictions that are considered ‘spent’ because they happened some time ago, unless they are a protected caution or protected conviction. Protected cautions or convictions are ones that you do not need to tell us about.