Overview

This bill amends the Rehabilitation of Offenders Act 1974, changing how long someone's criminal record is considered "spent" after they've served their sentence. The changes aim to clarify and simplify the existing rules, particularly concerning the length of rehabilitation periods for different types of sentences and for young offenders.

Description

The bill primarily alters section 5 of the 1974 Act, which dictates the length of rehabilitation periods for various convictions. Key changes include:

• Rehabilitation Periods: The bill introduces a new table outlining specific rehabilitation periods based on sentence length. For sentences of four years or more, the rehabilitation period is extended by an additional four years after the sentence is completed ("buffer period"). For shorter sentences, the buffer period is two years. For those under 18 at the time of conviction, the buffer period is halved.
• Exceptions: Sentences of life imprisonment, preventive detention, detention during Her Majesty's pleasure, imprisonment for public protection, detention for public protection, and extended sentences remain excluded from rehabilitation. However, life sentences are the only such sentences that remain un-rehabilitated for persons under 18 at time of the offense.
• Young Offenders: The bill explicitly provides for reduced rehabilitation periods for those under 18 at the time of the offense, reducing the buffer period by half.
• Definition of "Sentence": The bill clarifies that "sentence," when referring to a custodial sentence, includes both time served in custody and any post-release supervision.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The changes relate to the administration of criminal records, not to direct funding for prisons or other related services. No specific figures are provided in the bill itself.

Groups Affected

• Individuals with Criminal Convictions: This bill directly affects individuals with criminal convictions in England and Wales. The changes in rehabilitation periods will determine when their criminal record is considered "spent," impacting their ability to obtain employment, housing, or certain licenses.
• Employers: Employers will be affected by changes to how long criminal records are considered spent, potentially impacting recruitment decisions.
• Housing Providers: Housing providers who conduct criminal record checks will need to adapt to the new rehabilitation periods.
• Government Agencies: Government agencies that conduct background checks for licensing or security clearance will need to adjust their processes.

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