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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, altering the rules on when criminal convictions become "spent" (i.e., no longer needing to be disclosed). The changes affect the length of time someone must wait before their conviction is considered spent, depending on the severity of the offense and the sentence received.

Description

Changes to Rehabilitation Periods

The bill significantly revises the calculation of rehabilitation periods. It introduces a "buffer period" added to the length of the sentence. For sentences of four years or more, the buffer period is four years; for shorter sentences, it's two years. These buffer periods are halved for those under 18 at the time of conviction. The bill also specifies rehabilitation periods for various types of sentences (e.g., fines, hospital orders, disciplinary proceedings in the armed forces) and clarifies the calculation of periods for conditional discharges.

Sentences Excluded from Rehabilitation

The bill lists specific types of sentences that will never be considered spent: life imprisonment, preventive detention, detention during Her Majesty's pleasure, imprisonment for public protection, detention for public protection, and extended sentences.

Government Spending

The bill is unlikely to have a significant direct impact on government spending. The changes relate to the administration of the Rehabilitation of Offenders Act, which primarily affects record-keeping and disclosure processes.

Groups Affected

  • Individuals with criminal convictions: This bill directly affects individuals with criminal records, altering the length of time before their convictions become "spent," impacting their ability to disclose this information on job applications or other contexts.
  • Employers: Employers will need to be aware of the changes to understand when a conviction is no longer considered spent.
  • Criminal justice agencies: Police forces and other criminal justice bodies will need to adjust their record-keeping and disclosure practices to comply with the amended Act.
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