Custodial Sentences
Reforms To Rehabilitation Periods For Offenders
It’s the Government’s plan to help offenders get back into ‘honest work’ and prevent them from re-offending. Research from the Ministry of Justice shows that offenders are less likely to re-offend if they gain employment. Historically employers have been reluctant to hire applicants with criminal records. So the Government has shortened the period of time that criminal records can be disclosed. They’ve also acted to close the loop-hole that allowed employers to circumvent the law.
Detail
On 10th March 2014, reforms came into effect that reduced the period during which certain convictions need to be disclosed to potential employers.
The rehabilitation period for community orders and custodial sentences will now comprise the period of the sentence plus an additional specified period, replacing the previous system where rehabilitation periods began from the date of conviction.
However, when applying for jobs in sensitive workplaces, such as schools and hospitals, offenders will still always have to disclose previous convictions. The most serious offenders will continue to have to declare their convictions for the rest of their lives.
If employers want to know about a job applicant’s criminal record they should use the Disclosure and Barring Service (aka Criminal Records Bureau). Employers were frustrated by this because it does not disclose spent convictions. Some were known to get around the system by insisting that applicants make a Data Protection Subject Access Record so that their full criminal record, including spent convictions, could be obtained. This practice has now been outlawed as of March 2015. It is now a criminal offence to require this of applicants or employees.
The rehabilitation periods are set out in the table below:
Custodial Sentences
| Sentence length | Previous rehabilitation period (applies from date of conviction) | New rehabilitation period begins on release and the length is the period of sentence plus the ‘buffer’ period below, which applies from end of sentence |
| 0-6 months | 7 years | 2 years |
| 6-30 months | 10 years | 4 years |
| 30 months-4 years | Never spent | 4 years |
| Over 4 years | Never spent | Never spent |
Non-Custodial Sentences
| Sentence | Previous rehabilitation period (applies from date of conviction) | Buffer period (will apply from end of sentence) |
| Community Order (and Youth Rehabilitation Order) | 5 years | 1 year |
| Sentence | Previous period | New period |
| Fine | 5 years | 1 year (from date of conviction) |
| Absolute discharge | 6 months | None |
| Conditional discharge, referral order, reparation order, action plan order, supervision order, bind-over order, hospital order | Various, mostly between 1 year and length of the order | Period of the order |
*The above periods are halved for persons under 18 at date of conviction (except for custodial sentences of up to 6 months where the buffer period will be 18 months for persons under 18 at the date of conviction).
An Example
| Previous declaration period | New declaration period | |
| Adult offender sentenced to 2.5 years’ custody | 10 years from date of conviction | 2.5 years (sentence length) + 4 yearsTotal: 6.5 years |
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