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 on file for various offenses. It aims to reduce the long-term impact of convictions on individuals' lives and employment prospects.
Description
The bill primarily alters the rehabilitation periods specified in the Rehabilitation of Offenders Act 1974. Key changes include:
- Custodial Sentences: The rehabilitation period for custodial sentences is reduced. Sentences over four years now have a four-year rehabilitation period; those between two and four years have a two-year period; and sentences up to two years now have a one-year period. For offenders under 18 at the time of conviction, these periods are halved.
- Other Sentences: Rehabilitation periods for other sentences such as removal from Her Majesty's service, service detention, and compensation orders are also amended, generally shortened to one year (or six months for offenders under 18 at the time of conviction).
- Community/Youth Orders: If no end date is specified on a community or youth rehabilitation order, the rehabilitation period becomes one year.
- Road Traffic Endorsements: 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. This effectively removes a specific provision related to road traffic endorsements.
Government Spending
The bill is not expected to have a significant direct impact on government spending. The changes relate to administrative processes surrounding criminal records, and any potential cost savings or increases are likely to be minimal and not specifically quantified in the bill.
Groups Affected
- Individuals with Criminal Records: This group will benefit from the shorter rehabilitation periods, as their criminal records will be "spent" sooner, potentially improving their employment and other life opportunities. The impact will vary based on the nature and length of their original sentence.
- Employers: Employers may need to update their recruitment and vetting practices to reflect the shorter rehabilitation periods.
- Disclosure and Barring Service (DBS): The DBS will need to adjust their processes to reflect the changes in rehabilitation periods.
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