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The Rehabilitation of Offenders Act 1974 supports the reformed offenders entering the workplace. Following a specified period of time – which varies according to the sentence – an offender’s cautions and convictions become ‘spent’ and the offender is regarded as rehabilitated.
This means the Act treats a rehabilitated person as if he or she had never committed/been charged with/charged or prosecuted for/convicted or sentenced for the offence – which means the offender is not required to declare their spent caution/convictions when applying for most jobs.
The Act also means that an employer cannot refuse to employ someone, or dismiss someone, because he or she has a spent caution or conviction (unless there is an Exception Order, see below).
All cautions and convictions may eventually become spent, with the exception of prison sentences or sentences of detention of young offenders of over four years, and with the exception of all public protection sentences, regardless of the length of the sentence. Public protection sentences are imposed for specific sexual and violent offences.
The changes introduced on 10th March 2014, shorten the Rehabilitation Periods required – i.e. the length of time before a caution or conviction becomes ‘spent’.
This has been done by the Government in order to tackle re-offending and get previous offenders back into work. Government research shows that former offenders who gain employment are less likely to re-offend.
Rehabilitation Periods are either ones that:
The new Rehabilitation Periods with buffer periods are as follows (offenders who are under 18 at the date of conviction have the ‘buffer’ periods halved) – the buffer period below applies from the end date of the sentence:
The new Rehabilitation periods for sentences that do not have buffer periods and where the rehabilitation period runs from the date of conviction (offenders who are under 18 at the date of conviction have the ‘buffer’ periods halved) are as follows:
For information on the rehabilitation periods for driving offences, read here.
These changes are retrospective, which mean they apply to people convicted before March 2014.
There are some jobs where both spent and un-spent convictions and cautions must be disclosed. These are called ‘exceptions’ and where these exist an Employer will be eligible for a standard and sometimes an enhanced, criminal records disclosure certificate from the DBS (Disclosure and Barring Service – formerly the Criminal Records Bureau (CRB)).
Jobs covered in the Exceptions Order include work with children and other people in vulnerable circumstances, work in healthcare professions, national security, law enforcement and the legal system, the prison and probation services and some financial positions.
Therefore, Offenders with spent convictions do not have to disclose these for most jobs. Until March 2015, Employers could use subject access rights under the Data Protection Act to obtain certain records from the Police about potential or existing employees, or self-employed indiviudals, as a condition of their employment. This was prohibited on 10th March 2015 so Employers can no longer require an individual to make an access request about the information that is held about their spent or unspent convictions (and give this information to the Employer); except in certain circumstances where the record is required by law or where it is justified in the public interest; otherwise the Employer will be commiting a criminal offence and can be fined.
In deciding whether an individual is suitable for a particular job, Employers should consider:
More advice and information is available from www.nacro.org.uk , the crime reduction charity who are dedicated to reducing crime and re-offending.
In June 2014 the Supreme court ruled that forcing job applicants to disclose minor crimes as part of recruitment background checks is a breach of their human rights.
If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to Lesley at The HR Kiosk (click here) – a Human Resources Consultancy for small businesses – you can retain us for as much time as you need.
Please note that the advice given on this website and by our Advisers is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.
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