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The Rehabilitation of Offenders Act 1974 and those with criminal records
The Rehabilitation of Offenders Act, 1974
Under the Rehabilitation of Offenders Act of 1974, after a period of time (rehabilitation), some criminal convictions become ignored or “spent”, and convicted criminals are no longer obliged to disclose their convictions, thereby allowing them to move on with a normal life. Convictions will however remain on the Police National Computer.
The Act is subject to the conviction type and is aimed at minor convictions. The rehabilitation period will vary depending on the court sentence imposed (it is not determined by the offence).
The following sentences become spent after fixed rehabilitation periods from the date of conviction. Prison sentences of more than two and a half years can never be spent and therefore must be disclosed where required.
| Sentence | Rehabilitation period Age 18 or over when convicted |
Rehabilitation period Age 17 or under when convicted |
|---|---|---|
| Prison sentences of 6 months or less, including suspended sentences, youth custody (abolished in 1988) and detention in a young offender institution | 7 years | 3 and half years |
| Prison sentences of more than 6 months to 2 and half years, including suspended sentences, youth custody (abolished in 1988) and detention in a young offender institution | 10 years | 5 years |
| Borstal (abolished in 1983) | 7 years | 7 years |
| Detention Centres (abolished in 1988) | 3 years | 3 years |
| Fines (even if subsequently imprisoned for fine default), compensation, probation (for convictions on or after 3 February 1995), community service, combination, action plan, curfew, drug treatment and testing and reparation orders | 5 years | 2 and half years |
| Absolute discharge | 6 months | 6 months |
The rehabilitation period varies with some sentences:
| Sentence | Rehabilitation Period |
|---|---|
| Conditional discharge or bind-over, probation (for convictions before 3 February 1995), supervision, care-orders | 1 year or until the order expires (whichever is longer) |
| Attendance centre orders | 1 year after the order expires |
| Hospital orders )with or without a restriction order) | 5 years or 2 years after the order expires (whichever is longer) |
| Referral Order | Once the order expires |
Disqualifications
The length of rehabilitation is the period of the disqualification, however this is also subject to any other penalties which may be applied to the event. If you were to receive a fine (5 years) however also receive a driving ban which is longer than 5 years then the period of Rehabilitation will be the higher period of the ban not the fine.
Endorsements
Endorsements unlike Convictions carry the period of 5 years rehabilitation (see Fines above) rather than 11 years which is the period for a convicted driver to receive a clean license.
Proposed amendments to the Bill
On 21 January 2010, peers debated the Rehabilitation of Offenders (Amendment) Bill in committee (introduced by Lib Dem peer Lord Dholakia). Below is a link to the proposed Amendments to the Bill:
www.publications.parliament.uk/pa/ld200910/ldbills/009/2010009.pdf
Unsure?
If you are unsure on the length of your rehabilitation period for declaration on home or car insurance, then please contact us today and we can help you find suitable cover for your circumstances.
