Barrier to employment lifted for thousands of ex-offenders

Rehabilitation of Offenders Act 1974 – A new rehabilitation opportunity for ex-offenders

From the 28 October 2023, the period of time that individuals with criminal convictions are legally required to declare their convictions to employers after serving their sentence has been reduced with the aim of helping ex-offenders turn their back on crime.

It is hoped that ex-offenders are able to get the “steady income, routine and purpose they need which cuts reoffending and ensures fewer members of the public become victims of crime” says Lord Chancellor and Justice Secretary, Alex Chalk KC.

The previous rehabilitation periods were:

• Community order – one year beginning with the last day on which the order had effect
• Custody of six months or less – two years
• Custody of more than six months and up to 30 months – four years
• Custody of more than 30 months and up to four years – seven years
• for offences with custodial sentences of more than four years, the conviction was never spent.

The new rehabilitation periods are as follows:

• Community order – the last day on which the order had effect
• Custody of one year or less – one year
• Custody of more than one year and up to four years – four years
• Custody of more than four years – seven years.

To continue to keep the public safe, for convictions for serious sexual, violent, or terrorist offences continue to never be spent, and stricter disclosure rules will continue to apply to jobs that involve working with vulnerable people.

Therefore, the reforms are a good opportunity for over 120,000 offenders sentenced in 2022 alone to seek employment and reintegrate into society sooner. This is evidently a valuable reform which will help to ensure we are moving towards a more productive society and thriving labour market.

What are your thoughts on the latest reforms? We would love to hear from you.

Contact us

For further information, please contact Annalie King, Partner and Head of Employment at Kerseys Solicitors. You can contact Annalie King or Rosie Brighty a Trainee Employment Law Solicitor by telephone at Kerseys Solicitors in Ipswich 01473 213311 or Kerseys Solicitors in Colchester 01206 584584, email [email protected] or visit our website and click “Call Me Back”.