28 February 2014

Rehabilitation of Offenders

From 10 March 2014, the rehabilitation periods for criminal convictions will be reduced: Chapter 8 and Sch. 25 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

For example, a job applicant must disclosure their criminal record for 7 years from the date of conviction - if they have been sentenced to prison for up to 6 months. However, from 10 March 2014, the job applicant would only have to disclosure their criminal record for 2 years starting from the end of the sentence. The new rehabilitation periods will apply to a conviction/caution before, on, or after 10 March 2014: s. 141(1) of the Act.

A table containing the current and new rehabilitation periods can be found at the Unlock website.

Source: The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014.

A job applicant must always disclose a spent conviction/caution if they are applying for a certain job (e.g. a nurse). But they should not disclose a protected conviction/caution.

2 comments:

Tony Trotman said...

New Guidance on the Rehabilitation of Offenders Act 1974 is available at:

http://tinyurl.com/jvwq583

Tony Trotman said...

On 10 March 2014, Ministry of Justice issued a press release about the new rehabilitation periods for criminal convictions. The press release is available at: http://tinyurl.com/pfzqq68