Rehabilitation of Offenders Act
When Driving Convictions Become Spent
Under the Rehabilitation of Offenders Act 1974, after a defined rehabilitation period, certain criminal convictions become ‘spent’. This means that the ex-offender in question is not required to disclose the conviction when, for example, applying for most jobs or taking out insurance policies, or if they become embroiled in criminal or civil proceedings.
The rehabilitation period takes the form of a specified length of time from the date of the conviction. If additional convictions should be garnered before the rehabilitation period has elapsed, these will extend it. This means that the Rehabilitation of Offenders Act is more of a boon to those who have minor convictions, or very few of them, since those with a greater number of serious convictions are quite unlikely to benefit from the Act as much or at all.
The length of time constituting the rehabilitation period does not actually depend on what offence was committed, but is instead based on the length of the sentence imposed upon the perpetrator. Even in the case of custodial sentences where a shorter period of time may be served than the original sentence, it is still the latter which comes into play when working out when a conviction becomes spent.
Custodial sentences lasting over two and a half years never become spent. For sentences less than that, consult the table below. For personal legal advice on driving convictions and all other areas of law, have a look at Instant Law Line. Unlimited telephone legal advice for a low monthly fee of just £4.99.
|Rehabilitation Period for people aged 18 or over when convicted
||Rehabilitation Period for people aged 17 and under when convicted
|Prison sentences  of 6 months or less
||3 and a half years
|Prison sentences  of more than 6 months to 2 and a half years
|Borstal (abolished in 1983)
|Detention centres (abolished in 1988)
|Fines , Probation , Compensation, Community Service, Combination Action Plan, Curfew Orders, Drug Treatment and Testing and Reparation Orders
||2 and a half years
Some sentences have variable rehabilitation periods, as shown below.
|Probation , supervision, care order, conditional discharge or bind-over
||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)
||Once the order expires
1. Including suspended sentences, youth custody (abolished in 1988) and detention in a young offender institution.
2. Even if subsequently imprisoned for fine default.
3. For people convicted on or after 3 February 1995 (from which date the rehabilitation period for a probation order was changed under the terms of the Criminal Justice and Public Order Act 1994).
4. For people convicted before 3 February 1995.
When a driver is disqualified from driving, the rehabilitation period will be the same length as the period of disqualification. It is important to note, however, that if more than one penalty is imposed at once, the rehabilitation period takes the length of the longer sentencing.
For example, a motorist who is prohibited from driving for seven years and is also hit with a fine, which will take five years to become spent, faces a rehabilitation period of seven years, as it is the longer rehabilitation period of the two.
Because an endorsement does not fall under the relevant part of the Act, not being a ‘disability, prohibition or other penalty’, it does not have any effect on rehabilitation periods for road traffic convictions. If a driver were to be fined for an offence and also have their licence endorsed, the rehabilitation period would be defined by the rehabilitation period for a fine, and the endorsement would not factor in at all.
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Somewhat complicated situations can arise when another offence is committed by an individual who is partway through the rehabilitation period for a previous offence. The effect on the rehabilitation period is based on the seriousness of the new offence.
If a minor offence is committed during a rehabilitation period, ‘minor’ meaning a ‘summary’ offence which will be heard in a magistrates’ court, this will not affect the rehabilitation period of the original offence. The rehabilitation period for the first offence will expire at the same time it initially would have.
However, when a more serious offence – one which could go before the Crown Court – is committed, neither of the convictions will become spent until both rehabilitation periods have elapsed. This means that both of the convictions would need to be disclosed in relevant situations until the longer rehabilitation period ended. It also means that committing an offence for which the conviction never becomes spent - ie: leading to a jail sentence of longer than 2 and a half years – will lead to a situation in which any other offences for which one is still within the rehabilitation period will never become spent, either.
Further offences do not affect any convictions whose rehabilitation period has already ended.
Concurrent and Consecutive Sentences
If two custodial sentences should be given at once, the rehabilitation period is defined by whether the sentences are intended to run concurrently or consecutively. If, say, two six-month sentences are intended to run consecutively, they count as a single 12-month sentence for the purposes of establishing a rehabilitation period. However, two concurrent six-month sentences are only counted as a single six-month sentence for the purpose of establishing a rehabilitation period.
Prison sentences which are intended to run consecutively to sentences which are already being served are unaffected by this.
Even when a conviction becomes spent, details of the offence will still persist on the Police National Computer. General guidelines from the Association of Chief Police Officers mean that convictions for what are known as ‘recordable’ offences (meaning those which could potentially be tried in the Crown Court, even if they were actually not) should usually be removed from the record after 10 years, with a number of exceptions. If 3 such offences have been committed, the records will be stored for 20 years instead, and some types of offence will lead to the record being accessible for the offender’s entire life.
The following types of offence will mean that the records will be kept for life:
- Offences where a custodial sentence was imposed;
- Offences involving indecency, sex, violence, possession of class A drugs, or supply or trafficking of any drug;
- Offences where the perpetrator was found unfit to plead due to insanity, or where their sentencing was performed under the Mental Health Acts;
- Offences involving a child or vulnerable adult which suggest that the offender intentionally targets these sorts of people.
However, these rules are not set in stone and, with individual Chief Constables not beholden to these ACPO guidelines, there may be differences between how different police forces approach this issue.
Criminal records are normally considered confidential data and will not be released without cause. In general, criminal records will only become relevant when they relate to the protection of vulnerable individuals, maintaining justice, or issues involving national security. Jobs involve driving, such as operating taxis, heavy goods vehicles or passenger service vehicles, will also likely involve a vetting of any convictions one may have acquired. Since July 2002, any unspent convictions may be viewed by employers.
Cautions, reprimands and final warnings do not fall under the remit of the Act, as they do not count as criminal convictions. If asked if you have criminal convictions or a criminal record and have only received a caution, reprimand or final warning, then you can answer that you do not.
However, sometimes you may specifically be asked if you have any of these on your records, in which case you should obviously answer in the affirmative if they still exist in your record. Usually, these will be removed after five years if you have not had any convictions – though in practice, some forces end up with these left on the record for longer periods of times or even indefinitely.
Benefits of the Act
Applying for Jobs
This Act is very beneficial for those who have spent convictions and are applying for jobs, as, outside the rehabilitation period, you can answer that you do not have any criminal convictions if asked (as long as the type of job does not exempt you from this – see above). It is also not permissible for someone to not employ you or to fire you if they should discover that you have a spent conviction on your record. However, not telling an employer about an unspent conviction when asked is certainly grounds for dismissal and maybe even prosecution.
The Act does not provide any recourse if an individual is refused employment or prohibited from entering a profession due to a spent conviction, but if you are dismissed from a job at which you have worked for more than a year due to a spent conviction, you may be able to claim unfair dismissal.
Applying for Insurance
You may say that you do not have any previous convictions on an application form for an insurance policy as long as the rehabilitation period has ended and the convictions are spent. This still applies even if the convictions are relevant to the insurance policy being taken out – you do not have to disclose spent road traffic convictions when applying for car insurance, for example.
When engaged in civil proceedings, it is not permissible to ask questions which could lead to their being required to disclose spent convictions, and the ex-offender may refrain from answering any such questions. Exceptions are:
- In civil proceedings relating to children and their care (eg: adoption, custody, guardianship)
- When disclosure of the spent convictions is seen to be vital for justice to be done (evidence can be given relating to spent convictions if the ex-offender consents to this)
- When the court proceedings are related to a matter specifically excluded from the Act
These regulations come into play not just in regular courts, but also affect arbitration, disciplinary tribunals, and club committees which are able to effect changes to a person’s rights, privileges, obligations or liabilities.
When criminal proceedings are underway, spent convictions may come into play. However, the courts operate under the premise that spent convictions should only be mentioned in very rare circumstances.
Under the Act, it is an offence for anyone who possesses access to criminal records to disseminate information relating to spent convictions unless they have been permitted to do so. Using fraudulent, dishonest or briberious means to secure such information is also an offence, and a more serious one at that. Furthermore, under the Data Protection Act 1984 coupled with the Criminal Justice and Public Order Act 1994, confidential computer data is protected under law.
If information about alleged spent convictions is spread maliciously, it may be possible for the subject of the data to sue the perpetrator for libel.
Exceptions to the Act
The Act does list a number of situations in which it is expected that one will declare even spent convictions. The major exceptions are:
- Assuming any position whereby one will be providing accommodation, care, leisure and recreational facilities, schooling, social services, supervision or training to anyone below the age of 18
- Jobs where you will be providing care or other social services to elderly people, physically or mentally disabled people, alcohol or drug addicts or chronically ill people
- Careers which involve the administration or enforcement of justice
- Positions which require certain legal safeguards and protections, such as doctor or accountant
- Jobs which carry a potential national security risk
If a position is exempt from the rules of the Act, the application form should make this fact clear. If you are not sure about the legal position, be sure to ask.
The Rehabilitation of Offenders Act’s jurisdiction does not extend beyond Britain. Spent convictions may have greater sway in other countries so you should not rely on the protection of this Act if you are undertaking any endeavours which may be affected in other countries. If you need assistance, you are advised to contact appropriate agencies in those countries.
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