Written 19th February 2014 by Olliers Solicitors
Reforms, which will cut the amount of time some offenders need to disclose details of any low level convictions, will come into effect next month Justice Minister Simon Hughes has announced.
However, all offenders will still always have to declare previous convictions when applying for jobs requiring enhanced checks such as sensitive workplaces like schools and hospitals or working with people in vulnerable circumstances. The most serious offenders will continue to have to declare their convictions for the rest of their lives when applying for any job.
Former Offenders
Deputy Prime Minister, Nick Clegg, said:
“Today’s changes are long overdue. They will mean that people who have turned their backs on crime will be able to move on with their lives. Evidence shows that former offenders who are able to get back into the world of work and contribute to society are less likely to re-offend. Making a mistake and committing a minor crime when you are fifteen shouldn’t mean you are barred from employment for the rest of your life.”
These reforms, which will come into affect on Monday 10th March 2014, will also change the way some rehabilitation periods are set so that they are fairer and reflect better the seriousness of the sentences imposed.
Rehabilitation Periods
Under the new system, rehabilitation periods for community orders and custodial sentences will comprise the period of the sentence plus an additional specified period, rather than all rehabilitation periods starting from the date of conviction as it is under the current regime. So, for an example, an adult offender sentenced to two and a half years custody, who would previously have had to declare their criminal conviction for ten years from the date of conviction, will now have to disclose their conviction for the period of the sentence plus a further four years (giving a total rehabilitation period of 6.5 years).
Justice Minister, Simon Hughes, said:
“The Coalition government is committed to making sure that offenders take responsibility for their actions. But we also need to make sure that ex-offenders are able to contribute to society by getting an honest job and putting their offending behind them.
“These reforms will help guarantee the continued safety of the public. They will also give offenders who have served their sentence a fair chance of getting their lives back on track.”
The reforms will also affect rehabilitation periods for those offenders sentenced to financial penalties, making them much shorter, being one year from the date of sentence as opposed to the current five year period. For conditional discharges, referral orders, reparation orders, action plan orders, supervision orders, bind overs and hospital orders the period will change to the period of the order.
Nacro
Graham Beech, Acting Chief Executive of Nacro, said:
“Nacro welcomes the long overdue reforms to the Act because it will remove some of the difficulties that people face when they try to secure education, employment and insurance. It cannot be right that someone who made a mistake in their teens – the only act of criminality they’ve ever been involved in – is prevented from entering the labour market when they are in their thirties and forties because they still have to disclose the conviction to a prospective employer.
“Whilst some ex-offenders will still face barriers, and those who’ve served more than four years in prison will still need to disclose their previous convictions, many people who have successfully managed to put their offending behind them will no longer face the same obstacles in moving their lives on because of an age-old criminal record which has continued to hang around their necks. They will be hugely relieved to hear that these legislative changes have finally come into effect.”
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Olliers is one of the UK’s leading criminal defence and regulatory law firms, specialising in the defence of individuals, businesses, and other organisations across a broad range of corporate and financial crime, regulatory offences, serious crime and sexual offences. We act in professional discipline matters. We use the same skillset to represent individuals and organisations facing criticism before inquests and public inquires.
