Policy 059: Criminal Convictions

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1. PURPOSE AND SCOPE

1.1 This Policy outlines the open, transparent and accessible way in which ACM approaches criminal convictions in relation to admission and ongoing attendance on Higher Education Programmes (Degrees) and Further Education Courses (Diplomas). 


1.2 This Policy applies to applicants and students studying at ACM Guildford, ACM Birmingham and ACM London on programmes validated by Middlesex University. 

2. POLICY STATEMENT

2.1 This policy will normally be considered in conjunction with ACM’s main Admissions policy and Student Disciplinary policy.

2.2 ACM has a duty of care to its staff and students and therefore needs to be informed of any alleged criminal activity and/or convictions by its students and by any applicant to the ACM.

2.3  Disclosure will not necessarily bar an individual from studying at  ACM. This will depend on the circumstances and background of the individual’s offence(s). Some types of investigation, charge or offence (e.g. sexual or violent offences) may be particularly strong indicators that an applicant is unsuitable and should not be offered a place; or that a current student may be suspended, excluded or dismissed from ACM.

2.4 When assessing whether an applicant or student is unsuitable, the Admissions or Student Disciplinary Panel will consider the following: 

• The nature of the offence(s);
• An assessment of risk to members of the ACM community;
• How long ago the offence(s) took place;
• In the event of more than one offence, whether each was a single occurrence or part of a series of similar occurrences;
• The potential impact on fellow students, staff and others with whom the applicant will have contact;
• Evidence of the efforts that have been made to elicit extra information from the applicant and from other bodies, such as the Probation Service, and the applicant’s cooperation with this process.

2.5  These factors must be balanced against the rights of the applicant to be treated fairly. Therefore the panel may also look at attaching specific conditions on the offer an applicant may receive such as not residing in student accommodation.

 Applicant disclosure of criminal convictions

2.6 All applicants are required to disclose any unspent relevant convictions as part of the application process. This includes unspent relevant convictions from offences committed outside the UK. Failure to disclose any unspent relevant convictions may result in an offer of study being rescinded. Any Applicant receiving a conviction/being charged with a relevant offence during the application process must ensure they inform ACM immediately at admissions@acm.ac.uk

2.7 When declaring if you have a criminal conviction, first consider if you have a relevant conviction(s) and then whether it is unspent. Reference may be made to the Rehabilitation of Offenders Act 1974. 

2.8 A relevant criminal conviction is deemed to include conviction, caution (including youth caution, verbal or written caution, conditional or unconditional caution), reprimand, final warning, conditional discharge, youth rehabilitation order, warning, reprimand, bind over order, community order, community protection notice (CPN), restraining order, sexual offences prevention order, penalty notices for disorder (PND), anti-social behaviour order (ASBO) or violent offender order (VOO), or similar in the UK or any other jurisdiction, involving one or more of those listed below:

• Sexual offences, including those listed in the Sexual Offences Act 2003;  
• Offences listed in the Terrorism Act 2006;
• 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; 
• The unlawful supply of controlled drugs or substances where the conviction concerns intent to supply, commercial drug dealing or trafficking; 
• Offences involving firearms; 
• Offences involving arson.

If the above does not apply, any conviction is not deemed relevant and as such does not need to be declared. 

2.9 If an applicant does have a relevant conviction, the criminal conviction can become ‘spent’ after a period of time. The length of time it takes to become spent is defined in England by the Rehabilitation of Offenders Act 1974 and depends on the sentence, the person’s age at the time of the offence or disposal made by the court following the conviction. Until that period has passed, the conviction is considered ‘unspent’ and must be declared. 

Further convictions can impact when other convictions become spent. Sentences of over four years in prison cannot become spent. Most cautions, reprimands and final warnings become spent immediately, so will not normally be ‘unspent’. Careful reference should be made to the Rehabilitation of Offenders Act 1974. 

2.10 Applicants must, upon request, provide full details of any/or all convictions they may have disclosed under points 2.6 to 2.8 above. 

2.11 Applications from candidates with criminal convictions will receive careful consideration by the Admissions Panel consisting of Designated Safeguarding Lead, Admissions Manager and relevant Programme Managers or nominees, with advice from Senior Managers where deemed necessary.  

2.12 ACM reserves the right to reject any applicant with a relevant unspent criminal conviction or any applicant who may in ACM’s opinion jeopardise the security, safety or reputation and integrity of ACM or its community, or where there are other relevant professional considerations. 

2.13 Matters relating to disclosures of Criminal Convictions are managed by the Designated Safeguarding Lead (DSL). 

Criminal Conviction arising whilst on a course of study

2.14 Where a student who is already on a course of study with ACM receives a new criminal conviction or is arrested and charged with an offence, including convictions and offences from outside the UK, the student is expected to undertake the same consideration as an application in terms of paragraphs 2.6, 2.7, 2.8 and 2.9 above. 

2.15 Where it is deemed that a student has a new relevant, unspent criminal conviction or has been charged with a relevant offence, the student is required to send written confirmation of the conviction and details behind the conviction to safeguarding@acm.ac.uk for consideration.  If they are sent to trial, ACM must also be kept informed at all stages either by the student or by their legal representative. If the student is convicted then this must also be reported along with details of any sentence imposed. 

2.16 Students declaring with criminal convictions will receive careful consideration by the Risk Panel consisting of Designated Safeguarding Lead, Student Engagement Manager and relevant Programme Managers or nominees of the aforementioned, with advice from Senior Managers where deemed necessary.  

2.17 Conduct which may constitute a criminal offence may also amount to misconduct under ACM’s Student Disciplinary Policy. Therefore, in addition to any criminal process, the student may be subject to disciplinary action by ACM. 

2.18 ACM reserves the right to remove any current student with a relevant unspent criminal conviction who in ACM’s opinion may jeopardise the security, safety or reputation and integrity of ACM or its community, or where there are other relevant professional considerations.

2.19 Matters relating to disclosures of Criminal Convictions are managed by the DSL, under this Criminal Convictions Policy. The Admissions Manager or nominee is responsible for communicating the outcome of any risk assessment which results in a decision to offer or reject an application with the individual student.

Non Disclosure of Criminal Offences

2.20 If at any time during a student’s enrolment on a course of study at ACM it is becomes known that the student has a previously unspent, relevant criminal conviction that they failed to disclose at the point of application or notify ACM of in a timely manner, then they will be subject to ACM’s Student Disciplinary Policy and this policy.

2.21 For the avoidance of doubt, it is deemed a disciplinary offence not to have disclosed any unspent, relevant conviction(s) from the UK or overseas at the point of application or while enrolled, regardless of whether the conviction is subsequently spent at the time of actual disclosure or when such information becomes known to ACM. 

Complaints relating to criminal conviction decision

2.22 Students may utilise ACM’s Complaints and Grievances Policy and Procedure should theyfeel removal from a course of study is unjustified. 

2.23 Through utilising the Complaints and Grievances Procedure, applicants to ACM may request a review of ACM’s admission and offer decision, but may not appeal a decision. This is because ACM’s Appeal Policy is used alongside a request to review an academic decision.

3. RESPONSIBLE PARTIES

3.1 The policy lead is responsible for the cyclical monitoring and review of the policy in liaison with the Risk Committee. The Criminal Convictions Policy lead is: 

• Admissions Manager

3.2 Decisions and appropriate actions in support of the implementation of the Policy will be authorised by the following designated staff or their nominees: 

• Admissions Manager
• Head of Student Engagement
• Head of Student Services
• Designated Safeguarding Lead
• Registrar
• Executive Dean of Higher Education 
• Principal of Further Education
• Education Executive

3.3 Reference Points

3.3.1 Internal:

• Admissions Guidance
• Student Integrity
• Student Grievance Policy
• Data Access and Protection Policy
• Equality and Diversity Policy
• Safeguarding Policy
• Disclosure of Convictions Procedures
• Fitness to Study Policy

3.3.2  External: 

• Middlesex University Regulations, B: General Regulations for Admissions
• UALab Admissions Policy 
• QAA Quality Code Chapter B2: Recruitment, Selection and Admission to Higher Education
• Data Protection Act 1998
• General Data Protection Regulation (GDPR) 
• Rehabilitation of Offenders Act 1974
• Public Interest Disclosure Act 1998
• Crime and Disorder Act 1998 
• Human Rights Act 1998
• Regulation of Investigatory Powers Act 2000
• Privacy and Electronic Communications (EC Directive) Regulations 2003
• The Freedom of Information Act 2000
• The United Kingdom Data Protection (Processing of Sensitive Personal Data) Order 2006 
• Protection of Freedom Act 2012

4. DOCUMENT HISTORY AND NEXT REVIEW

Version: 1.1

Approved on:               03 September 2024

Approved by:                Academic Board

Date of next review:    August 2025

Download this document POL_059_Criminal Convictions Policy_2024/25