Rehabilitation of Offenders Act 1974
Encyclopedia
The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal
convictions to be ignored after a rehabilitation
period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence, and starts from the date of the conviction. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance
, or in civil
proceedings.
For adults, the rehabilitation period is 5 years for most non-custodial sentences, 7 years for prison sentences of up to 6 months, and 10 years for prison sentences of between 6 months and 2½ years. For a young offender (under 18) the rehabilitation period is generally half that for adults. Prison sentences of more than 2½ years can never be spent. Other sentences have variable rehabilitation periods. Compensation orders are only spent once paid in full, but being bound over to keep the peace would be spent either at the end of the order or a year (depending which is longer).
A conviction that is spent and need not be divulged under British law may not be so considered elsewhere. For example, criminal convictions must be disclosed when applying to enter the United States
; spent convictions are not excluded.
Aside from these professions, the law also exempts organisations if the question is asked:
There are also a number of proceedings before a "judicial authority" (widely defined) that are excluded from the Act, and where spent convictions can be disclosed. These include applications for adoption or fostering, and for firearms certificates.
Applicants to university courses are required to declare their criminal records on their UCAS
forms. Students applying to do law, medicine, teaching, nursing and social work (or similar trades) may be barred if they have a conviction, even if it's spent.
), then the publisher may be subject to libel damages regardless of whether the details were true or not. This applies where the publisher is relying on a defence of qualified privilege
or justification.
According to reference book Media and the Law, although British media remain free to publish the details of spent convictions, provided they are not motivated by malice, they generally avoid mention of such convictions after rehabilitation. However, media barrister Hugh Tomlinson
QC is of the opinion that "in practice, the law of libel provides no sanction against the publication of spent convictions".
s in 2008. A caution is considered to be spent as soon as it is given.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
convictions to be ignored after a rehabilitation
Rehabilitation (penology)
Rehabilitation means; To restore to useful life, as through therapy and education or To restore to good condition, operation, or capacity....
period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence, and starts from the date of the conviction. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance
Insurance
In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
, or in civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
proceedings.
For adults, the rehabilitation period is 5 years for most non-custodial sentences, 7 years for prison sentences of up to 6 months, and 10 years for prison sentences of between 6 months and 2½ years. For a young offender (under 18) the rehabilitation period is generally half that for adults. Prison sentences of more than 2½ years can never be spent. Other sentences have variable rehabilitation periods. Compensation orders are only spent once paid in full, but being bound over to keep the peace would be spent either at the end of the order or a year (depending which is longer).
A conviction that is spent and need not be divulged under British law may not be so considered elsewhere. For example, criminal convictions must be disclosed when applying to enter the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
; spent convictions are not excluded.
Exemptions
Certain professions and employments are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job when applying for positions in similar fields. These professions include :- Those working with children and other vulnerable groups, such as teachers and social workers
- Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
- Doctors, dentists, chemists, nurses or Paramedics
- Accountants
- Veterinarians
- Managers of unit trusts
- Anyone applying to work as an officer of the Crown
- Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
- Any employment or other work normally carried out in bail hostels or probation hostels
- Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
- Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
- Officers and other persons who execute various court orders
- Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
- Contractors who carry out various kinds of work in tribunal and court buildings
- Certain company directorships, such as those for banks, building societies and insurance companies
- Certain civil service positions are excluded from the act, such as employment with the Civil Aviation AuthorityCivil Aviation AuthorityThis is a list of national and supra-national civil aviation authorities.-See also:* Air route authority between the United States and the People's Republic of China* National Transportation Safety Board -External links:****...
and the UK Atomic Energy Authority.
Aside from these professions, the law also exempts organisations if the question is asked:
- by or on behalf of The Football AssociationThe Football AssociationThe Football Association, also known as simply The FA, is the governing body of football in England, and the Crown Dependencies of Jersey, Guernsey and the Isle of Man. It was formed in 1863, and is the oldest national football association...
, The Football LeagueThe Football LeagueThe Football League, also known as the npower Football League for sponsorship reasons, is a league competition featuring professional association football clubs from England and Wales. Founded in 1888, it is the oldest such competition in world football...
or Premier League to assess someone’s suitability to work as, or supervise or manage, a steward at football matches. - by the Financial Services AuthorityFinancial Services AuthorityThe Financial Services Authority is a quasi-judicial body responsible for the regulation of the financial services industry in the United Kingdom. Its board is appointed by the Treasury and the organisation is structured as a company limited by guarantee and owned by the UK government. Its main...
and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors. - to assess a person’s suitability to adopt children, or a particular child, or a question about anyone over the age of 18 living with such a person
There are also a number of proceedings before a "judicial authority" (widely defined) that are excluded from the Act, and where spent convictions can be disclosed. These include applications for adoption or fostering, and for firearms certificates.
Applicants to university courses are required to declare their criminal records on their UCAS
UCAS
The Universities and Colleges Admissions Service is the British admission service for students applying to university and college. UCAS is primarily funded by students who pay a fee when they apply and a capitation fee from universities for each student they accept..-Location:UCAS is based near...
forms. Students applying to do law, medicine, teaching, nursing and social work (or similar trades) may be barred if they have a conviction, even if it's spent.
Rehabilitation and actions for libel under English law
Section 8 of the Act, if a person can prove that the details of a spent conviction were published with a primarily motive of causing damage to the subject (maliceMalice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
), then the publisher may be subject to libel damages regardless of whether the details were true or not. This applies where the publisher is relying on a defence of qualified privilege
Qualified privilege
The defense of qualified privilege permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else...
or justification.
According to reference book Media and the Law, although British media remain free to publish the details of spent convictions, provided they are not motivated by malice, they generally avoid mention of such convictions after rehabilitation. However, media barrister Hugh Tomlinson
Hugh Tomlinson
Hugh Tomlinson QC, is an English barrister at Matrix Chambers. He is a specialist in media and information law including defamation, confidence, privacy and data protection.-Education and career:...
QC is of the opinion that "in practice, the law of libel provides no sanction against the publication of spent convictions".
Police cautions
The Act was extended to cover police cautionPolice caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong...
s in 2008. A caution is considered to be spent as soon as it is given.