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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, reducing the length of time a criminal record remains on file for various offences. This aims to help individuals move on from past convictions and access employment and other opportunities.

Description

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

  • Custodial Sentences: Shorter rehabilitation periods are introduced for various lengths of custodial sentences. For example, a sentence of more than four years will now have a four-year rehabilitation period (previously longer), while sentences of up to two years will see a reduction to one year (previously longer).
  • Offenders Under 18: Separate, shorter rehabilitation periods are set for offenders under 18 at the time of conviction.
  • Other Sentences: Rehabilitation periods are also specified for removal from Her Majesty’s service, service detention, compensation orders, and community/youth rehabilitation orders.
  • Repeal of Article 3: The bill 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).
  • Geographic Scope: The Act applies to England and Wales only.

Government Spending

The bill is not expected to significantly impact government spending. The changes relate to the length of time criminal records are held, not to direct government expenditure. No specific figures regarding cost or savings are provided in the bill itself.

Groups Affected

  • Individuals with criminal records: The bill directly affects individuals with criminal records, potentially benefiting them by shortening the period their convictions are considered relevant.
  • Employers: Employers who conduct criminal record checks may need to adjust their practices to reflect the shortened rehabilitation periods.
  • Criminal justice agencies: Police forces and other criminal justice agencies will need to update their systems to reflect the changes to rehabilitation periods.
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