Podsumowanie
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.
Kluczowe punkty
- 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
Części i sekcje
Historia nowelizacji
2022 — Police, 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.
2012 — Legal Aid, Sentencing and Punishment of Offenders Act 2012
Significantly shortened rehabilitation periods and extended the Act to longer sentences.