Spent Convictions

December 2012

Is it spent now?

1. Introduction

"This guide explains the changes to the Rehabilitation of Offenders Act 1974 (ROA) which the Government has made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). It does not explain how the current ROA works (that is covered on our Information Hub and will be updated once the changes come into force)."

'Is it spent now?' - New brief guide on changes to the ROA (UNLOCK Forum)

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Legal Aid, Sentencing and Punishment of Offenders Act 2012 - Explanatory Notes - Chapter 8: Rehabilitation of offenders

"48. Chapter 8 contains a package of changes to the Rehabilitation of Offenders Act 1974 (“the ROA”) to amend the scope of the Act and its rehabilitation periods. The amendments extend the scope of the ROA so that custodial sentences of up to and including 4 years in length can become ‘spent’. The times at which different convictions become ‘spent’ are also amended, and in most cases the rehabilitation periods are reduced. Where a caution or conviction has become spent, the offender is treated as rehabilitated in respect of that offence and is not obliged to declare it for most purposes, for example, when applying for employment or insurance."

CHAPTER 8: Rehabilitation of offenders

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Orders 

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 4 and Saving Provisions) Order 2012  (2906)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012  (2824)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (2813)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 3 and Saving Provision) Order 2012 (2770)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 2 and Specification of Commencement Date) Order 2012 -18th September 2012 (2412)

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 1) Order 2012 - 24th July 2012 (1956)

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Regarding 'drag through'/further convictions ...

'Then' (pre-LASPO 2012) ...

Further Convictions

"Further convictions

If a rehabilitation period is still running and the offender commits a ‘summary’ offence, a minor offence that can only be tried in a magistrates’ court, the minor offence will not affect the rehabilitation period for the other offence; each offence will expire separately."

What is the Rehabilitation of Offenders Act 1974?

"What happens if I get another caution or conviction before my first conviction becomes spent?

If you already have an unspent conviction (not including unspent conditional cautions), and you get a further caution or conviction before the earlier conviction has become spent, one of the following will apply:

1. If your later outcome is a caution (either a simple caution or a conditional caution), reprimand or warning, neither rehabilitation period will be affected. The caution or conviction for the earlier offence will become spent at the time originally fixed, and the caution for the later offence will become spent after the normal period (immediately for a simple caution or three months for a conditional caution).

2. If your later outcome is a conviction for a summary offence, (one that can only be tried in a magistrates’ court), neither rehabilitation period will be affected. The caution or conviction for the earlier offence will become spent at the time originally fixed, and the conviction for the later offence will become spent after the normal period.

3. If your later outcome is a conviction for an either way or an indictable offence (one which could be tried in the Crown Court) then neither conviction will become spent until the rehabilitation period for both offences are over.

4. If your later outcome is a conviction that results in a prison sentence of more than 2 ½ years then neither the second nor the first conviction will ever become spent.

Once a conviction becomes spent, it remains spent, even if a person is convicted of other offences later."

'Now' (post-LASPO 2012) ...

3.4 Increasing Some Rehabilitation Periods

"a) Further convictions 

Currently, the rehabilitation periods for further convictions for summary offences run separately from other unspent convictions. However, further triable either-way and indictable offences ‘drag through’ existing unspent convictions, extending their rehabilitation period until the last one is spent. Following the changes, all offences will create this ‘drag through’ effect, including summary."