What are spent convictions under the Rehabilitation of Offenders Act 1974?
Under the Act, following a specified period of time which varies according to the disposal administered or sentence passed, all cautions and convictions (except those resulting in prison sentences of over 30 months) are regarded as ‘spent’. As a result the offender is regarded as rehabilitated.
Are cautions spent convictions?
If you were found guilty of a criminal offence by a court, following the specified time-period, your conviction will be considered “spent”. The specified time is the rehabilitation period. Informed warnings and cautions are automatically spent.
Is a caution spent after 6 years?
Once a police caution has been issued, it will generally appear on your record used by the Disclosure and Barring Service (DBS) for six years (this is reduced to two years if you were under 18 at the time the caution was issued).
What convictions are excluded from rehabilitation?
The following sentences are exempt from the Act:
- A sentence of imprisonment for life.
- A sentence of imprisonment, youth custody, detention in a young offender institution or corrective training for a term exceeding 30 months.
- A sentence of preventive detention.
What are spent cautions?
A spent conviction is a conviction which, under the terms of Rehabilitation of Offenders Act 1974, can be effectively ignored after a specified amount of time. The amount of time for rehabilitation depends on the sentence imposed, not on the offence.
How does the Rehabilitation of Offenders Act 1974 Safeguard adults?
The Rehabilitation of Offenders Act 1974 gives people with spent convictions and cautions the right not to disclose them when applying for most jobs, and buying insurance. Apart from those given prison sentences of more than 4 years, most people with convictions will benefit from it at some point in their lives.
How long do spent convictions stay on record?
Although convictions and cautions stay on the Police National Computer until you reach 100 years old (they are not deleted before then), they don’t always have to be disclosed. Many people don’t know the details of their record and it’s important to get this right before disclosing to employers.
Do I have to declare spent convictions?
Once your convictions are spent, the Act gives you the right not to disclose them when applying for insurance. Most will only ask for unspent convictions, although some might ask for ‘any convictions in the last 5 years’. If it’s spent, you do not need to disclose it under any circumstances when applying for insurance.
How can I get a caution off my record?
The only way to get your conviction removed from police records is to appeal against the conviction through the courts. You will need to seek legal advice if this is something you wish to pursue. I was told my conviction would be removed after five years.
Are Cautions on a DBS check?
Protected convictions or cautions are convictions or cautions which are filtered during the DBS check process – this means that they will not appear on the DBS certificate. Following this court case, the law was changed, and now certain types of conviction or caution will not appear on your DBS check.
What is the Rehabilitation of Offenders Act 1974 Exceptions Order 1975?
the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013). The amendments to the Exceptions Order provide that certain ‘spent’ convictions and cautions are ‘protected’ and are not subject to disclosure to employers, and cannot be taken into account.
What jobs are not covered by the Rehabilitation of Offenders Act?
What positions are exempt?
- Jobs which involve working with children.
- Jobs in the legal system.
- Jobs in healthcare.
- Jobs in Accounting.
- Some transport jobs (such as Taxi Drivers)
- Jobs with animals (such as Vets, and RSPCA workers)
Can a post be exempt from the rehabilitation of Offenders Act 1974?
Where a post is exempt from the Rehabilitation of Offenders Act 1974, the law protects people from having some old and/or minor convictions and cautions disclosed to employers but sexual and violent offences will always be disclosed, as well as any convictions that resulted in a custodial sentence,…
What does a spent conviction / caution mean?
Q89: What does a spent conviction/caution mean? A spent conviction is a conviction which, under the terms of Rehabilitation of Offenders Act 1974, can be effectively ignored after a specified amount of time. The amount of time for rehabilitation depends on the sentence imposed, not on the offence.
What is the rehabilitation period under the Roa?
Under the Rehabilitation of Offenders Act 1974 (ROA), eligible convictions or cautions become ‘spent’ after a specified period of time, known as the ‘rehabilitation period’. The rehabilitation periods depend on:
What happens to a conviction after a rehabilitation period?
If an individual is convicted again within the rehabilitation period of another conviction, in most instances this will affect when the convictions become spent i.e. neither conviction will become spent until the rehabilitation period with the latest date has ended.