Rehabilitation of Offenders Act (1974) Guidance Notes

Disclosure of Criminal Convictions

Under this Act you are required to disclose details of previous convictions, until a certain length of time passes and the convictions become “spent”.

Under the above Act you do not need to provide details about either minor motoring offences or previous convictions once they become “spent”.  This includes the date you sign the application form.

Please note the following when considering whether a conviction is spent :-

  1. “spent” periods are halved if the conviction took place when you were aged 17 or less;
  2. a sentence of longer than 2˝ years in prison will never become “spent”;
  3. a sentence of preventive detention and a sentence of detention during Her Majesty’s pleasure is never “spent”; or
  4. it is immaterial for the process of calculating a “spent” conviction whether the sentence is suspended or not.

The information you provide will be treated strictly confidentially. Having a conviction will not necessarily bar you from employment. This will depend on the circumstances and background to the offence(s) which will be taken into account when considering how suitable you are for the type of work involved, should your application be successful.

Failure to disclose any “unspent” convictions may result in the offer of employment being withdrawn. If already appointed, you could be dismissed without notice.

Please see the list below which details the rehabilitation periods for criminal convictions.

Criminal Convictions and Time Periods Before Becoming "Spent"

 

Sentence Become Spent After
For a sentence of imprisonment or youth custody exceeding six months but not exceeding two and a half years 10 years
For a sentence of imprisonment or youth custody not exceeding six months 7 years
For a sentence of Borstal training 7 years
For a fine or other sentence under this Act, not otherwise covered in this table 5 years
For an absolute discharge 6 months
For a probation order, conditional discharge or bindover, fit person orders, supervision order or care order under the Children and Young Persons’ Acts (and equivalent in Scotland) 1 year or until the order expires (whichever is the longer)

 

Sentence Become Spent After
For cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s Service 10 years
For dismissal from Her Majesty’s Service 7 years
Any sentence of detention in respect of a conviction in service disciplinary proceedings 5 years
For detention by direction of Home Secretary,
for a period exceeding six months but not exceeding two and a half years 5 years
for a period not exceeding six months 3 years
for a detention centre order 3 years
for a remand home order, an approved school order or attendance centre order The period of the order plus a further year after the order expires
for a hospital order under the Mental Health Acts The period of the order plus a further 2 years after the order expires. (With a minimum of 5 years from the date of conviction)

Exemptions Under the Rehabilitation of Offenders Act

There are specific job categories and classes of employment, which are exempt under the provisions of the Act.  This means that convictions never become “spent” for work in these categories.  Therefore, if you are applying for a position which falls within one of the work categories listed below you will need to declare any convictions you have had regardless of whether or not the time limit has elapsed. Typically, in local government, these are:

  • Any office or employment concerned with the provision of persons aged under 18 years to accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training, being an office or employment of such a kind as to enable the holder to have access, in the course of their normal duties which are carried out wholly, or partly, on the premises where such provision takes place.
  • Employment connected with the provision of Social Services which involves the young, those over 65 years, the mentally or physically handicapped, chronically sick, disabled, or people who are addicted to drugs or alcohol.
  • Employment connected with the provision of services to vulnerable adults i.e. accommodation and nursing or personal care in a care home or within a vulnerable adult’s home or services provided in an establishment catering for a person with learning difficulties.
  • Employment concerned with the provision of health services, within the National Health Service or otherwise, which involves access to patients.

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