Criminal Conviction Information

 

​Universities have a duty of care to its students, staff and visitors.  In order to minimise risk to health and wellbeing and maximise student experience, applicants and current students are asked to disclose information which may increase this risk.

Applicants who apply through UCAS or direct to the institution for courses that bring them into contact with children and/or vulnerable adults are asked, to indicate if they have a relevant spent or unspent conviction that would appear on an enhanced criminal records check. 

The process of establishing the existence of a criminal convictions is accomplished by the DBS procedure for courses that require a criminal records check.  Information in relation to whether a DBS check is a requirement of a course is listed under the entry requirements section of the course information on Cardiff Met's website.

Applicants and students undertaking courses which do not bring them into contact with children and/or vulnerable adults, are asked to inform the University if they are bound by restrictions or have probation requirements to fulfil following a conviction.  Applicants are asked for this information after they have been offered a place at the Institution and are asked to complete the Applicant Criminal Conviction(s) Declaration - Proforma

During the enrolment process applicants and current students on courses that require a criminal records check, are asked to disclose any new or previously undisclosed relevant spent or unspent convictions that might impact their studies at the university.  Applicants and current students on courses where a criminal records check is not required, are also asked to inform the University if they are bound by restrictions or have probation requirements to fulfil following a conviction.

It is important that students inform the university of offences that are committed during their studies that may result in criminal charges being brought​ against them. Disclosure is crucially important for programmes that bring students into contact with children and/or vulnerable adults but also to the university, due to its duty of care to all students, staff and visitors. 

Please see information below.

What does 'spent' mean?

If a person does not re-offend during their rehabilitation period, their conviction becomes 'spent' (as defined by The Rehabilitation of Offenders Act 1974). Convictions that are spent are not considered to be relevant and you should not reveal them. You should note that certain offences are never spent.

Also, for certain courses, you are required to declare all convictions whether spent or unspent if the programme requires a criminal records check.  Please see the entry requirements of your chosen programme to see if this is a requirement.

Applicants can obtain advise on whether or not convictions are spent or relevant, and should be declared by contacting the charity Unlock - http://www.unlock.org.uk/
Information can also be obtained from the crime reduction charity National Association for the Care and Resettlement of Offenders (NACRO) - http://www.nacro.org.uk/.

What is the Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 aims to help people who have been convicted of certain criminal offences and have not re-offended since being convicted.  People with few or minor convictions will therefore be able to 'put their past behind them' and be treated equitably with regard to employment and equal opportunity.

What is a relevant criminal conviction?

Relevant criminal offences include convictions, cautions, admonitions, reprimands, final warnings, bind over orders or similar involving one or more of the following:

  • Any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm
  • Offences listed in the Sex Offences Act 2003
  • The unlawful supply of controlled drugs or substances where the offence concerns commercial drug dealing or trafficking
  • Offences involving firearms
  • Offences involving arson
  • Offences listed in the Terrorism Act 2006

If your conviction involved an offence similar to those set out above, but was made by a court outside of Great Britain, and that conviction would not be considered as spent under the Rehabilitations of Offenders Act 1974, you should indicate a conviction.

Warnings, penalty notices for disorder (PNDs), anti-social behaviour orders (ASBOs) or violent offender orders (VOOs) are not classed as convictions for the purpose of this section, unless you have contested a PND or breached the terms of an ASBO or VOO and this has resulted in a criminal conviction.

 

What is a relevant restriction?

Cardiff Met needs to be informed of any restrictions which would prevent applicants and students from undertaking or progressing with their studies.  Restrictions may include:

Restriction/s imposed which limit access to the internet or restrict computer usage

Electronic TAG device

Curfews

Injunctions 

Restraining or Protective Orders

Community Orders - including Supervision, Unpaid Work (Community Payback), Programme (course to help you stop offending), Drug Rehabilitation, Alcohol Treatment, Curfew, Residence, Activity, Exclusion, Prohibited Activity, Mental Health Treatment, Attendance Centre (for under 25s)


How will my application be handled if a relevant criminal conviction is declared

For courses that require a criminal records check through the Disclosure & Barring Service (DBS), applicants are sent information on how to undertake the online DBS process when they reply Firm to their offer.  Please refer to information concerning DBS checks on these pages or alternatively click here.


Applicants for courses that do not require a criminal records check will be asked after offer for information on restrictions and or probation that have been put in place following a conviction.  Applicants will be referred to the Applicant Criminal Conviction(s) Declaration - Proforma, which should be returned to the Head of Admissions within 14 working days of receipt.  For more information, please click here.

Applicants are encouraged to inform the University of a relevant criminal conviction and or information which may result in expulsion from the university.

All information will be held and processed in accordance with the Data Protection principles at all times as highlighted within the GDPR and our internal Data Protection Policies and Procedures.  For information on both our Data Protection and Openness Policies please refer to www.cardiffmet.ac.uk/DataProtection or contact DataProtection@cardiffmet.ac.uk

Applicants accepted with a criminal conviction

Please note, even though applicants with a criminal conviction may be given a place on a course, this does not mean that students will be allowed on placements or will gain registration with relevant bodies.  For those courses where successful completion requires registration with the Health Profession or General Teaching Council students will need to apply to the body separately and at this point the case is reviewed and a decision made in relation to acceptance for registration.

What if I receive a relevant criminal conviction after I have applied

If you have committed a relevant criminal offence after you have made an application to Cardiff Metropolitan University you must inform Admissions.

How will disclosing a new offence at enrolment affect my studies at the university

Your enrolment with the university will be allowed to progress temporarily. You will, however, be sent the Student Criminal Conviction(s) Declaration - Proforma, which should be completed and returned to Student Services within 14 working days of receipt.  For more information, please click here​​.

For students undertaking a course that brings them into contact with children and/or vulnerable adults, as part of this process​, you maybe required to undertake a new DBS Disclosure.

​​Failure to declare a relevant criminal conviction may result in expulsion from the university.

All information concerning criminal convictions will be treated sensitively, confidentially and managed in accordance with the Data Protection principles as highlighted within the GDPR and our internal Data Protection Policies and Procedures.​​​  For information on both our Data Protection and Openness Policies please refer to www.cardiffmet.ac.uk/DataProtection or contact DataProtection@cardiffmet.ac.uk

 

What if I receive a relevant criminal conviction during my studies

If you are convicted of a criminal offence, or are subject to investigation by the Police for committing such an offence,  during your studies you are asked to disclose this to Student Services as soon as possible.  This is required as the University has a duty of care to all students, staff and visitors, and Student Services would want to ensure that you had the appropriate welfare support.  If you are studying a course for which a DBS check was undertaken, you will have been informed of relevant procedures for disclosing an offence. ​

Should the University subsequently become aware of factual circumstances of a criminal conviction that was not brought to our attention as outlined above, the Student Disciplinary Procedure may be engaged.​

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