Overview

This bill amends the Rehabilitation of Offenders Act 1974, altering the rules on when criminal convictions become "spent" (i.e., no longer needing to be disclosed). The changes primarily affect the length of time before a conviction is considered rehabilitated, varying depending on the type and length of the sentence.

Description

The bill modifies Section 5 of the 1974 Act, which determines when a conviction is considered rehabilitated. Key changes include:

• Rehabilitation Periods: The bill introduces a revised table outlining rehabilitation periods based on the severity and length of the sentence. For example, sentences of four years or more imprisonment will have a four-year "buffer" period added after the sentence's completion before rehabilitation. Shorter sentences have a two-year buffer. These buffer periods are halved for those under 18 at conviction.
• Excluded Sentences: Certain sentences remain permanently excluded from rehabilitation, such as life sentences and sentences of preventive detention.
• Definition of Sentence: Clarifies the definition of "sentence" to include the length of custody and any post-release supervision.
• Other Sentences: The bill specifies rehabilitation periods for various other sentences, including fines, conditional discharges, hospital orders, and sentences from service disciplinary proceedings.

Government Spending

The bill is unlikely to have a significant direct impact on government spending. The changes relate to the administration of the Rehabilitation of Offenders Act and wouldn't necessitate substantial increases or decreases in budgetary allocation.

Groups Affected

Groups potentially affected include:

• Individuals with criminal convictions: The length of time before their convictions become spent will change, impacting their ability to disclose convictions in various contexts (employment, professional registration).
• Employers: They will need to be aware of the revised rehabilitation periods when considering job applications.
• Professional bodies: These bodies will need to update their disclosure requirements to reflect the changes.
• Criminal justice agencies: These agencies will need to adjust their processes to implement the changes.

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