This new legislation regarding Rehabilitation of Offenders (Section 193 of the Police, Crime, Sentencing and Courts Act 2022) has come into effect from 28th October 2023. It will mean that criminal convictions become spent after a shorter period, therefore reducing the length of time that individuals are legally required to declare them to their employer.
Changes on declaring custodial convictions are now as follows:-
These new time lengths have been extended in the event of an individual re-offending during the declaration period and relate to offenders who are aged over 18 at the time of being convicted. The period of required disclosure changes (and slightly lower) where the offender was under 18 at the time of conviction.
Any new conviction attracts its own disclosure period and both the old conviction and new conviction need to be declared until the end of the original conviction’s active period, however, if later, then the end of the new disclosure period is applied to the most recent conviction.
Employers need to ensure that any relevant forms and systems are updated to reflect the new time periods. Please note that these changes will not impact on roles where basic or enhanced DBS checks are required.
If you would like to speak to one of our HR professionals regarding Rehabilitation of Offenders, please contact us or telephone us on 01483 362732.