25th March 2014

INFORMATION

UPDATE

 Issue No.  2014/06

 Sentient
              

 

CHANGES TO THE REHABILITATION OF OFFENDERS ACT

Under the Rehabilitation of Offenders Act most convictions and cautions become ‘spent’ after a specified rehabilitation period. Following this, an offender does not have to reveal his or her spent convictions or cautions to an employer unless the occupation is exempt – for example, where the individual will be working with children or vulnerable adults. For exempt occupations, job applicants and employees have to disclose unprotected cautions and convictions, regardless of whether they are ‘spent’ or ‘unspent’.

As of 10th March 2014 the reforms have changed the period during which certain convictions need to be disclosed to potential employers.  

The move is part of the Government’s plan to reduce re-offending by helping offenders get back into ‘honest work’.

Under the reforms, the rehabilitation periods have changed to:

Those 18 or over on the date of conviction

Sentence

Previous rehabilitation period

New rehabilitation period

Prison sentence: more than 48 months

Offence is never spent

Offence is never spent

Prison sentence: more than 30 and less than (or equal to) 48 months

Offence is never spent

7 years from the end of the sentence (incl. time on license)

Prison sentence: more than 6 months up to, and including, 30 months

10 years from the date of conviction

4 years from the end of the sentence (incl. time on licence)

Prison sentence: 6 months or less

7 years from the date of conviction

2 years from the end of the sentence (incl. time on licence)

Probation Order

5 years from the date of conviction

12 months from the end of the order

Community Order

5 years from the date of conviction

12 months from the end of the order+

Fine

5 years from the date of conviction

1 year from the date of conviction

Conditional Discharge Order

1 year or until the order expires, whichever is longer

The last day on which the order has effect

Compensation

Once the compensation is paid in full

Once the compensation is paid in full

Absolute Discharge

6 months

No rehabilitation period

+ Where the order does not specify the last day on which the order is to take effect, the rehabilitation period is 2 years from the date of conviction

Those 17 or under on the date of conviction

Disposal

Previous  rehabilitation period

New rehabilitation period

Prison sentence: more than 48 months

Offence is never spent

Offence is never spent

Custodial sentence: more than 30  and less than (or equal to) 48 months

Offence is never spent

3 ½ years from the end of the complete sentence (incl. time on licence)

Custodial sentence: more than 6 months up to, and including, 30 months

5 years from the date of conviction

2 years from the end of the complete sentence (incl. time on license)

Custodial sentence: 6 months or less

3 ½ years from the date of conviction

1 ½ years from the end of the complete sentence (incl. time on license)

Community Order/Youth Rehabilitation Order

2 ½ years from the date of conviction

6 months from the end of the order+

Referral Order

The last day on which the order has effect

The last day on which the order has effect

Fine

2 ½ years from the date of conviction

6 months from the date of conviction

Conditional Discharge Order

1 year or until the order expires, whichever is longer

The last day on which the order has effect

Compensation

Once the compensation is paid in full

Once the compensation is paid in full

Absolute Discharge

6 months

No rehabilitation period

+ Where the order does not specify the last day on which the order is to take effect, the rehabilitation period is 2 years from the date of conviction

 


 

 

 

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