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by Munro Research

Criminal Records Bill [HL]


Official Summary

A Bill to amend the length of time for which an individual may have a criminal record under the Rehabilitation of Offenders Act 1974

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Overview

This bill amends the Rehabilitation of Offenders Act 1974, shortening the time a criminal record remains active for various offenses in England and Wales. This aims to give individuals a fairer chance after serving their sentence.

Description

The bill primarily alters the rehabilitation periods specified in the Rehabilitation of Offenders Act 1974. Key changes include:

  • Custodial sentences: New rehabilitation periods are introduced based on sentence length. For sentences over four years, the rehabilitation period is four years; for sentences between two and four years, it’s two years; and for sentences up to two years, it's one year. These periods begin on the day the sentence (including any licence period) ends. For offenders under 18 at the time of conviction, the periods are shorter: four years becomes four years, two years becomes two years, and up to two years becomes six months.
  • Other sentences: For removal from Her Majesty's service, a one-year (adult) or six-month (under 18) rehabilitation period applies. For service detention, the period is one year (adult) or six months (under 18). Compensation orders have a one-year rehabilitation period. Community or youth rehabilitation orders have a rehabilitation period lasting until the order ends; if the end date isn't specified, the period is one year.
  • Life sentences and other exceptions: Life sentences, preventive detention, detention during Her Majesty's pleasure, sentences of imprisonment/detention for public protection, and extended sentences remain excluded from rehabilitation under this Act.
  • Repeal: Article 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No.9 Saving Provision and Specification of Commencement Date) Order 2014 (S.I. 2014/423) is repealed. This relates to road traffic endorsements and the specifics need further research.

Government Spending

The bill does not directly specify any changes to government spending. The impact on government spending will depend on the implementation of the new rehabilitation periods and potential implications on things like employment and recidivism rates. No figures are provided in the bill itself.

Groups Affected

This bill will primarily affect:

  • Individuals with criminal records: Many individuals will see their criminal records become "spent" sooner than under the previous legislation, potentially improving their employment prospects and social integration.
  • Employers: Employers may need to adjust their recruitment practices to reflect the changes in rehabilitation periods.
  • Criminal justice agencies: Agencies involved in managing criminal records will need to adapt their systems and processes to implement the new timeframes.
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