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The Rehabilitati
23:19 Sat 23rd Dec 2017
Details here it is 4 years
Is it spent now? A brief guide to changes to the ROA
Comments: 11 comments
On this page:-
Aim of this information
Why is this important
Introduction
What is the ROA?
What is changing and when?
Main changes
What hasn’t changed?
Other issues?
Rehabilitation Periods – Adults
Rehabilitation Periods – Under 18
Notes about the tables
Frequently asked questions about the ROA
More information
Get involved
Aim of this information
This guide explains changes to the Rehabilitation of Offenders Act (ROA) which the Government made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
Why is this important
Once your criminal record becomes spent, you will not need to disclose it for the majority of jobs, when purchasing insurance or renting a house etc. The changes to the ROA reduced the rehabilitation periods for the majority of sentences/disposals and knowing whether your caution/conviction is spent will reduce the chances of disclosing something which, legally, you have no need to do.
Introduction
The ROA has been reformed as a result of changes in the law in 2012. These came into force on the 10th March 2014.
The changes are ‘retrospective’, which means they apply to convictions received before the 10th March 2014, and in most cases the rehabilitation periods are reduced. Our detailed guidance is available here.
We are keeping this page live on our site so that people can continue to compare the old and new law, although we recommend you visit our information section on the Rehabilitation of Offenders Act, where you will find a number of links relating to how the law now works.
What is the ROA?
The ROA is a law intended to improve the chances of people with convictions being fully rehabilitated into society by removing some of the barriers that they face.
Under the ROA, after a specific period of time has passed (which varies according to the sentence or disposal received), cautions and convictions are regarded as ‘spent’. Once a caution or conviction becomes spent, an individual is treated as rehabilitated with regards to that offence, and they don’t have to declare it for most purposes, for example when applying for employment or insurance.
What is changing and when?
The changes come into force on the 10th March 2014.
An updated version of our disclosurecalculator (which helps people to calculate when their convictions become spent), will be available before the ROA changes are commenced.
The reforms apply to England & Wales only.
All changes will be retrospective. This means those convicted before the changes come into force will be affected by the changes, although no convictions which are already spent will become unspent under the new rules.
Main changes
Increasing the length of maximum sentence capable of becoming spent
Starting the rehabilitation period from the end of the community or custodial sentence
Reducing most rehabilitation periods
Increasing some rehabilitation periods
Exempting immigration and nationality decisions by the UK Border Agency from the Act
1. Increasing the maximum sentence capable of becoming spent
The changes extend the scope of the ROA so that prison sentences of up to and including four years in length can become spent. Currently, the maximum sentence that can become spent is a 30 month prison sentence.
Is it spent now? A brief guide to changes to the ROA
Comments: 11 comments
On this page:-
Aim of this information
Why is this important
Introduction
What is the ROA?
What is changing and when?
Main changes
What hasn’t changed?
Other issues?
Rehabilitation Periods – Adults
Rehabilitation Periods – Under 18
Notes about the tables
Frequently asked questions about the ROA
More information
Get involved
Aim of this information
This guide explains changes to the Rehabilitation of Offenders Act (ROA) which the Government made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
Why is this important
Once your criminal record becomes spent, you will not need to disclose it for the majority of jobs, when purchasing insurance or renting a house etc. The changes to the ROA reduced the rehabilitation periods for the majority of sentences/disposals and knowing whether your caution/conviction is spent will reduce the chances of disclosing something which, legally, you have no need to do.
Introduction
The ROA has been reformed as a result of changes in the law in 2012. These came into force on the 10th March 2014.
The changes are ‘retrospective’, which means they apply to convictions received before the 10th March 2014, and in most cases the rehabilitation periods are reduced. Our detailed guidance is available here.
We are keeping this page live on our site so that people can continue to compare the old and new law, although we recommend you visit our information section on the Rehabilitation of Offenders Act, where you will find a number of links relating to how the law now works.
What is the ROA?
The ROA is a law intended to improve the chances of people with convictions being fully rehabilitated into society by removing some of the barriers that they face.
Under the ROA, after a specific period of time has passed (which varies according to the sentence or disposal received), cautions and convictions are regarded as ‘spent’. Once a caution or conviction becomes spent, an individual is treated as rehabilitated with regards to that offence, and they don’t have to declare it for most purposes, for example when applying for employment or insurance.
What is changing and when?
The changes come into force on the 10th March 2014.
An updated version of our disclosurecalculator (which helps people to calculate when their convictions become spent), will be available before the ROA changes are commenced.
The reforms apply to England & Wales only.
All changes will be retrospective. This means those convicted before the changes come into force will be affected by the changes, although no convictions which are already spent will become unspent under the new rules.
Main changes
Increasing the length of maximum sentence capable of becoming spent
Starting the rehabilitation period from the end of the community or custodial sentence
Reducing most rehabilitation periods
Increasing some rehabilitation periods
Exempting immigration and nationality decisions by the UK Border Agency from the Act
1. Increasing the maximum sentence capable of becoming spent
The changes extend the scope of the ROA so that prison sentences of up to and including four years in length can become spent. Currently, the maximum sentence that can become spent is a 30 month prison sentence.
The Rehabilitation of Offenders Act covers both 'convictions' AND 'ancillary matters'.
You don't need to declare 'spent' convictions when applying for insurance. (If you're asked if you've got any criminal convictions you can lawfully answer 'No').
Further, if you were refused insurance in the past solely because of a criminal conviction (which was unspent at the time), and you apply for insurance now the conviction is spent, you can lawfully answer 'No' to the question "Have you ever been refused insurance".
You don't need to declare 'spent' convictions when applying for insurance. (If you're asked if you've got any criminal convictions you can lawfully answer 'No').
Further, if you were refused insurance in the past solely because of a criminal conviction (which was unspent at the time), and you apply for insurance now the conviction is spent, you can lawfully answer 'No' to the question "Have you ever been refused insurance".
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