Overview

This bill amends the Rehabilitation of Offenders Act 1974, changing the rules on when criminal convictions become "spent," meaning they no longer need to be disclosed. The changes primarily affect the length of time someone must wait before their conviction is considered spent, introducing different timeframes depending on the severity and type of sentence.

Description

Key Changes to Rehabilitation Periods:

The bill alters the rehabilitation periods for various sentences. For example, prison sentences of four years or more now have a four-year "buffer period" added to the sentence length before the conviction is spent. Shorter sentences have a two-year buffer. For individuals under 18 at the time of the offence, these buffer periods are halved. Other changes include specifying rehabilitation periods for different types of sentences (e.g., conditional discharges, hospital orders) and removing some outdated sentencing categories.

Sentences Excluded from Rehabilitation:

Certain sentences remain permanently non-rehabilitated: life imprisonment, preventive detention, detention during Her Majesty's pleasure or for life, imprisonment for public protection, detention for public protection, and extended sentences of imprisonment or detention.

Age Considerations:

The bill provides that for those under 18 at the time of the offence, the buffer periods are halved, leading to a quicker rehabilitation period. For some sentences, individuals under 18 have a shorter rehabilitation period than adults.

Government Spending

The bill is not expected to significantly impact government spending. The changes relate to the timing of when criminal records are considered spent, which does not directly involve changes to resource allocation.

Groups Affected

• Individuals with criminal convictions: The length of time before their convictions become "spent" will vary depending on the type and length of their sentence and their age at the time of the offence.
• Employers: Changes to rehabilitation periods will affect the disclosure requirements for criminal records checks.
• Professional bodies: This could also impact disclosure requirements for individuals seeking professional licenses or memberships.
• Young offenders: Those under 18 at the time of their offence will benefit from shorter rehabilitation periods.

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