Rehabilitation of Offenders Act 1974: Difference between revisions

Under the [[Legal Aid, Sentencing and Punishment of Offenders Act 2012]] (section 139), the Act as it applies in England and Wales was updated to provide new rehabilitation periods &ndash; with most convictions becoming spent in a shorter amount of time.<ref>{{Cite web|title = Hundreds of thousands of criminals to get clean slate in law change|url = httphttps://www.telegraph.co.uk/news/uknews/law-and-order/9057643/Hundreds-of-thousands-of-criminals-to-get-clean-slate-in-law-change.html|website = Telegraph.co.uk|accessdate = 2015-12-16}}</ref> For adults, the rehabilitation period is one year for community orders, two years for custodial sentences of six months or less, four years for custodial sentences of over six months and up to and including 30 months, and seven years for custodial sentences of over 30 months and up to and including 48 months. Custodial sentences of over four years will never become spent and must continue to be disclosed when necessary. Under the 2012 Act, the rehabilitation period starts on the date of conviction in the case of fines, but for custodial sentences it starts after the offender has completed the sentence (including time on licence) and for community orders it starts when the order ceases to have effect. For example, an offender who received a two-year prison sentence will see the conviction spent six years from date of conviction - (two year sentence + four year rehabilitation period). For offenders who are under the age of 18 when convicted, the rehabilitation period is half that of an adult.

However, it should be noted that disclosure of a criminal conviction where necessary, i.e. not covered by the Rehabilitation of Offenders Act 1974, or after the 2014 change, which introduced protected convictions, does not automatically bar a particular individual from employment in a given profession. For instance, notable cases include Khalid Missouri, a former robber turned successful and respected solicitor;<ref>{{Cite web|title = Becoming a solicitor - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions|url = http://hub.unlock.org.uk/knowledgebase/becoming-a-solicitor/|website = hub.unlock.org.uk|accessdate = 2015-11-14}}</ref><ref>{{Cite web|title = Robber allowed to qualify as a solicitor in the same court that jailed him|url = http://www.dailymail.co.uk/news/article-2290940/Robber-allowed-qualify-solicitor-court-jailed-him.html|website = Mail Online|accessdate = 2015-11-14}}</ref> Gary Bell, a former fraudster turned high-profile successful barrister and Queen's Counsel;<ref>{{Cite web|title = Gary was a fraudster. Now he's a barrister with a TV show|url = httphttps://www.telegraph.co.uk/goodlife/11711336/Gary-was-a-fraudster.-Now-hes-a-barrister-with-a-TV-show.html|website = Telegraph.co.uk|accessdate = 2015-11-14}}</ref> and Selwyn Strachan, who was convicted of murder in Grenada and served a sentence of 40 years.<ref>{{Cite web|title = Wannabe solicitor with murder conviction is allowed to do the LPC - Legal Cheek|url = http://www.legalcheek.com/2014/06/wannabe-solicitor-with-murder-conviction-is-allowed-to-do-the-lpc/|website = Legal Cheek|accessdate = 2015-11-14|language = en-US}}</ref><ref>{{Cite web|url = http://governance.lawsociety.org.uk/secure/meeting/207149/Public_080714_RPC_meeting_papers.pdf|title = Selwyn Strachan v. Law Society, High Court of Justice Queen's Bench Division|date = 23 June 2014|accessdate = 13 November 2015|website = High Court of Justice Queen's Bench Division|publisher = High Court of Justice Queen's Bench Division|last = Charles|first = Mr. Justice}}</ref> Similar cases can also be found in both education, medicine, domestic employment, as well as other profession. In short, each case is determined on its own merits even where disclosure is necessary because the conviction either cannot become spent or is exempt from the protections of the Act.