Rehabilitation of Offenders Act 1974


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Rehabilitation of Offenders Act 1974

An Act of (UK) Parliament, which allows as a public policy some criminal convictions to be “spent” after a rehabilitation period (RP), so those convicted of relatively minor offence aren’t faced with lifelong effects of past transgressions.

The RP is determined by the sentence, and begins on the date of the conviction. If there has been no further conviction during the RP, the conviction is spent and, with certain exceptions, need not be disclosed by the ex-offender in any context such as job applications, obtaining insurance, or in civil proceedings. For adults (over 18), the RP is 5 years for non-prison sentences, 7 years for prison sentences of up to 6 months, and 10 years for prison sentences of up to 2 years; convictions are never spent for prison sentences of more than 2 years. For offenders under 18, the RP is usually half that for adults.
References in periodicals archive ?
"Under the Rehabilitation of Offenders Act 1974, a spent conviction would not have been highlighted by a Basic Disclosure and as such, the charity had no way of knowing about this conviction.
He said: "Unlike the British Board of Boxing, we abide by the Rehabilitation of Offenders Act 1974.
In a lengthy judgment, Warby J considers the Google Spain 2014 QB 1022 decision by the European Court of Justice in 2014, the UK's Rehabilitation of Offenders Act 1974, the Data Protection Act 1998, the European Convention on Human Rights 1951 and also the EU's General Data Protection Regulation which comes into force on 25 May 2018.
The report makes a number of recommendations, including: | Enacting a new Criminal Records Bill to reduce rehabilitation periods under the Rehabilitation of Offenders Act 1974.
The report makes a number of recommendations, including: | enacting Lord Ramsbotham's Criminal Records Bill to reduce rehabilitation periods under the Rehabilitation of Offenders Act 1974 | an urgent review of the filtering regime, to consider removing the rule preventing the filtering of multiple convictions; introducing lists of nonfilterable offences customised for particular areas of employment, together with a threshold test for disclosure based on disposal/sentence, and reducing qualifying periods for the filtering of childhood convictions and cautions.
QA An employee giving a reference must not: give any information about |convictions that are spent under the Rehabilitation of Offenders Act 1974, unless the job in question is exempted; maliciously make false |statements; negligently make a wrong |statement.
The Football League's owners' and directors' test states a disqualifying condition is "having an unspent conviction (or where the Rehabilitation of Offenders Act 1974 does not apply for any reason, having a conviction within the period that would have rendered that conviction unspent had the provisions of that Act applied) for" offences including dishonesty, corruption and perverting the course of justice.
Three judges, headed by the Master of the Rolls, Lord Dyson, said that neither the disclosure provisions of the Police Act 1997 nor those of an order made pursuant to the Rehabilitation of Offenders Act 1974 were compatible with Article 8, which relates to private and family life.
If you were given a compensation order or community service order (or both) they would become "spent" under the Rehabilitation of Offenders Act 1974 within five years, or less if you were under 18 at the time.
* Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions)(Scotland) Amendment Order 2010, SSI 2010/243.
He declared his convictions before getting the job, even though under the Rehabilitation of Offenders Act 1974 he was not legally obliged to do so.
A If the employee is correct in saying the conviction is spent for the purposes of the Rehabilitation of Offenders Act 1974, which depends on age of the employee at time of conviction, sentence passed and length of time since conviction, the dismissal would be unfair.

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