How long does a criminal Offence take to be spent?

Essentially, a conviction cannot become spent until the order ends. Some orders run for many years longer than the ‘main’ sentence. If someone received a 4 month prison sentence, this would be spent 2 years after the end of the full sentence.

When does a caution become spent under the Roa?

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’.

What is the rehabilitation period under the Roa?

How does the rehabilitation of Offenders Act work?

Under the Rehabilitation of Offenders Act 1974 (ROA), eligible convictions or cautions become ‘spent’ after a specified period of time, known as the ‘rehabilitation period’. The rehabilitation periods depend on: the sentence given or disposal administered as a result of a conviction. the age of the individual on the date they are convicted.

Is there a rehabilitation period for summary offences?

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.

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’.

How is a suspended prison sentence treated under the Roa?

Under the ROA, suspended prison sentences are treated in the same way as custodial sentences. It is the length of the sentence, rather than the length of the suspension, that determines the rehabilitation period. In January 2016, Nicole received a six month custodial sentence suspended for one year.

Do you have to disclose your Roa to employers?

This period – known as the rehabilitation period – is determined by the sentence or disposal given, rather than by the type of offence. The ROA gives people with spent convictions, cautions, reprimands and final warnings the legal right not to disclose them when applying for most jobs, most courses and all insurance purposes.