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by Munro Research

Rehabilitation of Offenders Bill [HL]


Official Summary

A Bill to amend the Rehabilitation of Offenders Act 1974; and for connected purposes

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Overview

This bill amends the Rehabilitation of Offenders Act 1974, changing how long criminal convictions remain disclosed. It alters the calculation of rehabilitation periods for various sentences, impacting when individuals can legally withhold information about past convictions.

Description

The bill modifies the Rehabilitation of Offenders Act 1974. Key changes include:

  • Redefined Rehabilitation Periods: The bill introduces new rules for calculating the period after which a conviction is considered "spent" and no longer needs to be disclosed. These periods vary based on the length and type of sentence (e.g., imprisonment, fines, community orders). For example, sentences of imprisonment for four years or more now have a "buffer" period of four years added to the length of the sentence before rehabilitation begins. Shorter sentences have a two-year buffer period.
  • Specific Sentence Types: The bill explicitly lists sentences excluded from rehabilitation (life sentences, preventive detention etc.), and provides specific rehabilitation periods for various sentences including detention and training orders and hospital orders.
  • Youth Convictions: The bill reduces buffer periods by half for those under 18 at the time of conviction.
  • "Buffer Period" Clarification: The definition of "buffer period" is made clear in the legislation. This is the period of time added to the sentence length before a conviction becomes spent.

Government Spending

The bill is not expected to have a significant direct impact on UK government spending. The changes relate to the administration of criminal records and the processes around disclosure, and is not expected to require increased or reduced government expenditure.

Groups Affected

  • Individuals with Criminal Convictions: This bill directly impacts individuals with criminal records, as it alters the timelines for when they can choose not to disclose their past convictions. This could affect their employment prospects and access to services.
  • Employers: Employers will need to be aware of the revised rehabilitation periods when considering applicants with criminal records.
  • Criminal Justice System: The courts and other parts of the criminal justice system will need to adapt their procedures to reflect the changes in the Act.
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