Overview

This bill amends the Rehabilitation of Offenders Act 1974, reducing the length of time a criminal record remains active for most offenses. The changes aim to shorten rehabilitation periods, allowing individuals to move on from past convictions more quickly.

Description

The bill primarily alters the rehabilitation periods specified in Section 5 of the 1974 Act. Key changes include:

• Shorter Rehabilitation Periods: The bill significantly shortens the time before a criminal record is considered "spent" for various offenses. For example, a custodial sentence of up to two years will now have a rehabilitation period of one year (previously longer), and sentences of over four years will now have a four year rehabilitation period (previously longer). For those under 18 at the time of conviction, the periods are further reduced to six months for sentences up to two years and two years for sentences of over two years.
• Removal from Her Majesty's Service: The rehabilitation period for removal from Her Majesty's service is reduced to one year (adults) and six months (under 18s).
• Compensation Orders: The rehabilitation period for compensation orders will be one year from the date the order is passed or the payment is made in full.
• Community and Youth Rehabilitation Orders: The rehabilitation period for these orders remains under the order itself or one year if no provision is made.
• Exclusion from Rehabilitation: Sentences of life imprisonment, preventive detention, detention during Her Majesty's pleasure, imprisonment/detention for public protection, and extended sentences remain excluded from rehabilitation.

The bill also repeals 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) relating to road traffic endorsements.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The changes relate to the length of time criminal records are held, not to direct costs of the justice system.

Groups Affected

The bill affects numerous groups:

• Individuals with criminal records: This bill will benefit individuals with spent convictions, particularly those serving shorter sentences, by enabling them to access employment and other opportunities sooner.
• Employers: Changes may impact employer access to criminal record information, particularly for applicants who have past offenses which may now be considered spent under a shorter rehabilitation period.
• Criminal Justice System: The bill will result in administrative changes to the handling of criminal records.

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