Overview

This bill amends the Rehabilitation of Offenders Act 1974, changing the rules about when criminal convictions become "spent" (meaning they no longer need to be disclosed). The changes primarily affect the calculation of rehabilitation periods for various sentences, aiming for greater clarity and consistency.

Description

The bill revises the calculation of rehabilitation periods for spent convictions. Key changes include:

• New Table A: Replaces existing tables in the 1974 Act, clearly defining rehabilitation periods based on sentence length (adding buffer periods for longer sentences).
• Buffer Periods: Introduces a "buffer period" following the completion of a sentence, before a conviction becomes spent. The length of this buffer varies based on sentence length (2 or 4 years).
• Age Reduction: The buffer period is halved for those under 18 at the time of conviction.
• Definition of Sentence: Clarifies the definition of "sentence" to include custodial sentences and post-release supervision.
• Specific Sentence Types: Updates rehabilitation periods for specific sentences like detention and training orders, and hospital orders, aligning them with the new structure.
• Exclusion from Rehabilitation: Specifies sentences that remain permanently unexpunged, such as life sentences.

Government Spending

The bill is unlikely to have a significant direct impact on UK government spending. The changes are primarily administrative, affecting the application of existing legislation rather than introducing new programs or funding.

Groups Affected

The bill affects several groups:

• Individuals with criminal convictions: The changes directly affect when their convictions become spent, impacting their employment prospects and ability to disclose information truthfully.
• Employers: The updated rules could impact their recruitment processes and checks on potential employees' backgrounds.
• Criminal justice agencies: Agencies will need to adjust their systems and processes to reflect the revised rehabilitation periods.
• Government departments: Departments managing disclosure of information and background checks.

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