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UK Law Reference
Toată legislația
Criminal Law
c. 53

Rehabilitation of Offenders Act 1974

Vezi pe legislation.gov.uk

Rezumat

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.

Puncte cheie

  • 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

Părți și secțiuni

Istoricul amendamentelor

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.