Overview

This bill amends the Rehabilitation of Offenders Act 1974, changing how long criminal records are considered spent. It clarifies and alters the calculation of rehabilitation periods for various sentences, aiming for a more consistent and equitable system.

Description

The bill primarily revises section 5 of the 1974 Act, which determines the length of time before a conviction becomes "spent" and no longer needs to be disclosed. Key changes include:

• Revised Rehabilitation Periods: The bill introduces a new table specifying rehabilitation periods for various sentences, including imprisonment, youth custody, corrective training, dismissal from Her Majesty's service, and detention. These periods are generally the length of the sentence plus a "buffer period" (two or four years depending on the sentence length). The buffer period is halved for those under 18 at the time of conviction.
• Definition Clarification: The bill clarifies the definition of "sentence" to include time served in custody and any post-release supervision. It also defines "buffer period" explicitly.
• Specific Sentence Amendments: The bill makes specific changes to the rehabilitation periods for various types of sentences including conditional discharges, detention and training orders, and hospital orders.
• Exclusions from Rehabilitation: The bill lists specific sentences that remain permanently excluded from rehabilitation, such as life imprisonment and sentences of preventive detention.

Government Spending

The bill is not expected to have a significant direct impact on UK government spending. The changes are procedural and relate to the administration of criminal records, not to funding of specific programs.

Groups Affected

The bill will affect:

• Individuals with criminal convictions: The changes to rehabilitation periods will impact when their convictions are considered spent and whether they need to disclose them for jobs, housing, or other purposes.
• Employers: Employers will need to be aware of the revised rehabilitation periods when considering job applications.
• Government agencies involved in criminal justice: Agencies responsible for maintaining and managing criminal records will need to implement the changes outlined in the bill.

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