Rehabilitation is often the forgotten part of sports participation. Athletes, referees, umpires, coaches and other participants are often considered and supported while they are participating but ignored, forgotten or dismissed as soon as they are unable to put in a performance. It is vital that individuals involved in sport, including those who promote sport, take some responsibility for the athlete after a life-changing incident in their sport, such as premature retirement through a sports injury or illness, or after disciplinary action for misconduct. Sports organisations should also consider how they might work with individuals who have previously been convicted of a criminal offence during a period of rehabilitation.
sportscotland can provide general advice and links to organisations who can assist in the development of a rehabilitation programme for participants in their sport. If you are a governing body, contact your sportscotland Partnership Manager in the first instance.
The Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act (ROA) 1974 applies to England, Scotland and Wales , and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since.
Anyone who has been convicted of a criminal offence and received a sentence of not more than 2.5 years in prison benefits as a result of the Act, if he or she is not convicted again during a specified period otherwise known as the 'rehabilitation period’. The length of this period depends on the sentence given for the original offence and runs from the date of the conviction. If the person does not re-offend during this rehabilitation period, they become a ‘rehabilitated person’, and their conviction becomes ‘spent’.
Once a conviction is ‘spent’, the convicted person does not have to reveal it or admit its existence in most circumstances. However, there are some exceptions relating to employment and these are listed in the Rehabilitation of Offenders Act 1974 – (Exclusions and Exceptions) (Scotland) Order 2003
The two main exceptions relate to working with children or working with the elderly or sick people. If a person wants to apply for a position that involves working with children or working with the elderly or sick people they are required to reveal all convictions, both spent and unspent.
Implications for Sports Organisations
The Rehabilitation of Offenders Act 1974 clearly has implications for people employed in sport who have been convicted of an offence, particularly if their position involves working with children or vulnerable adults. Sports organisations should ensure that any employee who will be working with children or vulnerable adults has been through an appropriate Disclosure check before commencing employment. More information on applying for Disclosure checks can be obtained from our Child Protection in Sport section of this website, or on the Disclosure Scotland website.
Sports organisations should ideally have a policy in place which clearly sets out how they will address the rehabilitation of offenders in their sport, club or organistion. It goes without saying that the protection of children in and through sport shall always be absolutely paramount, and this should be made clear in the rehabilitation of offenders policy. However, the policy should also recognise an individual’s right to rehabilitation where appropriate to the law, and should set out the organisation’s policy and procedures in this respect. sportscotland can provide initial advice to sports organisations that wish to develop a rehabilitation of offenders policy. The links on the right hand side of this page can also provide some more useful information on the Rehabilitation of Offenders, and on Disclosure checks.
