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UK Law Reference
모든 법률
Criminal Law
c. 53

Rehabilitation of Offenders Act 1974

legislation.gov.uk에서 보기

요약

The Rehabilitation of Offenders Act 1974 allows criminal convictions to become 'spent' after a rehabilitation period, meaning the person is treated as if the offence never occurred. Once spent, convictions need not be disclosed in most employment, insurance, and civil proceedings contexts.

핵심 포인트

  • Convictions become spent after a rehabilitation period that depends on the sentence imposed (s.5)
  • Once spent, a conviction need not be disclosed for most purposes and a person is treated as a protected person (s.4)
  • Exceptions Order — certain roles (law, medicine, teaching, working with children or vulnerable adults, police) require disclosure of convictions that would otherwise be spent
  • Standard and enhanced DBS checks reveal convictions where the Exceptions Order applies, subject to the filtering rules
  • Since the Police, Crime, Sentencing and Courts Act 2022 (in force 28 Oct 2023), custodial sentences of over 4 years can become spent after a 7-year period — except sentences for serious violent, sexual, or terrorist offences, which are never spent
  • Rehabilitation periods were significantly shortened by LASPO 2012 and further reduced by the PCSC Act 2022

편과 조

개정 이력

2022Police, Crime, Sentencing and Courts Act 2022

From 28 October 2023, allowed custodial sentences of over 4 years to become spent (after a 7-year period) for non-excluded offences, and reduced several other rehabilitation periods.

2012Legal Aid, Sentencing and Punishment of Offenders Act 2012

Significantly shortened rehabilitation periods and extended the Act to longer sentences.