The Government has announced significant changes to the ‘rehabilitation periods’ under the Rehabilitation of Offenders Actwhich determine for how long a criminal conviction needs to be disclosed until it becomes spent. These changes will mean that the large number of offenders with convictions for relatively low level offending will benefit from their convictions becoming spent, and thereby no longer disclosable in the majority of situations, much earlier than under the current regime.
The regime under the Rehabilitation of Offenders Actis important for the large number of offenders convicted of relatively low level and minor offences since it enables the offender, after a period of time, to put their conviction behind them and secure employment without having to disclose that conviction to their new employer. The Government has been clear that these changes will now ensure the rehabilitation periods reflect better the seriousness of the offence concerned while at the same time allowing the offender get their life back on track and reintegrate more easily into society.
‘(These changes) will mean that people who have turned their backs on crime will be able to move on with their lives. Evidence shows that former offenders who are able to get back into the world of work and contribute to society are less likely to reoffend’ - Nick Clegg, Deputy Prime Minster.
Importantly these changes, which will take effect from the 10 th March 2014, are retrospective meaning they will reduce the rehabilitation period not only for those who are convicted after that date, but also for all those who have already been convicted of an offence.
These reforms will not affect the requirement to disclose previous convictions for jobs or positions in sensitive workplaces or working with vulnerable people. These exceptions to rehabilitation will remain and are defined under theRehabilitation of Offenders Act 1974 (Exceptions) Order 1975. In addition, those with convictions for the most serious offences will still need to disclose their convictions for the rest of their lives.
The changes are being brought into force through the implementationof Sections 139 and 141of theLegal Aid Sentencing and Punishment of Offenders Act 2012. The changes will then alter the rehabilitation periods specified for a particular sentence imposed for a conviction underSection 5of theRehabilitation of Offenders Act 1974.
It is the sentence imposed for a particular offence that determines how long the rehabilitation period will be until the conviction becomes spent.
The new rehabilitation periods are as follows:
| Sentence | End of rehabilitation period for adult offenders | End of rehabilitation period for offenders under 18 at date of conviction |
|---|---|---|
| Custody in excess of 48 months | Never | Never |
| Custody of more than 30 months and up to 48 months | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed |
| Custody of more than 6 months and up to 30 months | The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed |
| Custody of 6 months or less | The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed |
| Removal from Her Majesty's service | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
| A sentence of service detention | The end of the period of 12 months beginning with the day on which the sentence is completed | The end of the period of 6 months beginning with the day on which the sentence is completed |
| Fine | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
| Compensation order | The date on which the payment is made in full | The date on which the payment is made in full |
| Community Order or youth rehabilitation order | The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect | The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect |
| A relevant order including; conditional discharge, referral order, a bind-over post-conviction. | The day provided for by or under the order as the last day on which the order is to have effect | The day provided for by or under the order as the last day on which the order is to have effect |
| Absolute Discharge | Nil | Nil |
At Lansbury Worthington we have a dedicated department that can help with any questions or concerns you might have regarding the disclosure of previous conviction. Contact our Data Protection & Criminal Record Team.
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