Rehabilitation of offenders – when are convictions spent?
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders.
These amendments extend the scope of the Rehabilitation of Offenders Act as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become spent, unless imposed in respect of certain offences.
It also amends the times at which different sentences may become spent and makes provision on the face of the Act for the rehabilitation periods that apply to certain orders on conviction.
The government states that over 120,000 former offenders will find it easier to get work and turn their lives away from crime following this change in the law.
Key Changes
Custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed.
Some of the more serious sexual, violent, and terrorist offences are excluded from these changes.
The new rehabilitation periods are as follows:
| Sentence | Adults | Under 18s |
| (Adult) Community Order/Youth Rehabilitation Order | The last day on which the order has effect | The last day on which the order has effect |
| Custody of 1 year or less | 1 year | 6 months |
| Custody of more than 1 year and up to 4 years | 4 years | 2 years |
| Custody of more than 4 years* | 7 years | 3.5 years |
*excluding serious sexual, violent, or terrorist offences, that continue to never be spent
Previous rehabilitation periods were:
| Sentence | Adults | Under 18s |
| (Adult) Community Order/Youth Rehabilitation Order | 1 year beginning with the last day on which the order has effect | 6 months beginning with the last day on which the order has effect |
| Custody of 6 months or less | 2 years | 18 months |
| Custody of more than 6 months and up to 30 months | 4 years | 2 years |
| Custody of more than 30 months and up to 4 years | 7 years | 3.5 years |
| Custody of more than 4 years | Conviction is never spent | Conviction is never spent |
The actual detail of these changes can be quite complex, so do not hesitate to contact us to discuss the direct implications of these changes on your own circumstances.
How can we help?
We will provide advice on the effect of any sentence. This will be done at the conclusion of proceedings. If you need further advice then please contact your nearest office. Our experienced criminal solicitors will be happy to help.
Alternatively use the contact form below.
