Explanatory Notes on the Rehabilitation of Offenders Act 1974
The Rehabilitation of Offenders Act 1974 provides that convictions for criminal offences are to be regarded as 'spent' for certain purposes after a certain lapse of time. However, all criminal convictions are relevant for hackney carriage and private hire licensing purposes and must be declared. The Council will consider the offence committed and the time elapsed since conviction for that offence.
Custodial sentence/disposal | Buffer period for adults (18 and over at the time of conviction or the time the disposal is administered). This applies from the end of the date of the sentence (including the licence period). | Buffer period for young people (under 18 at the time of conviction or the time the disposal is administered). This applies from the end date of the sentence (including the licence period). |
|---|---|---|
Custodial sentence of over 4 years, or a public protection sentence | Never spent | Never spent |
Custodial sentence of over 30 months (2½ years) and up to and including 48 months (4 years) | 7 years | 3½ years |
Custodial sentence of over 6 months and up to and including 30 months (2½ years) | 4 years | 2 years |
Custodial sentence of 6 months or less | 2 years | 18 months |
Community order or youth rehabilitation order | 1 year | 6 months |
Non-Custodial sentence/disposal | Rehabilitation period for adults (18 and over at the time of conviction or the time the disposal is administered) | Rehabilitation period for adults (under 18 at the time of conviction or the time the disposal is administered) |
|---|---|---|
Fine | 1 year | 6 months |
Conditional discharge | Period of the order | Period of the order |
Absolute discharge | None | None |
Conditional caution and youth conditional caution | 3 months or when the caution ceases to have effect if earlier | 3 months |
Simple caution/youth caution | Spent immediately | Spent immediately |
Compensation order | On the discharge of the order (i.e. when it is paid in full) | On the discharge of the order (i.e. when it is paid in full) |
Binding over order | Period of the order | Period of the order |
Attendance centre order | Period of the order | Period of the order |
Hospital order (with or without a restriction order) | Period of the order | Period of the order |
Referral order | Not available for adults | Period of the order |
Reparation order | Not available for adults | Period of the order |
The periods of time which must elapse before the conviction becomes spent vary considerably according to the nature of the offence and other circumstances. The rehabilitation period may be extended by the commission of a further offence during the rehabilitation period. The summarised provisions here are intended only as a general guide. Further guidance on this may be obtained from the Home Office publication 'Guidance on the Rehabilitation of Offenders Act 1974', from a Solicitor or the Citizens Advice Bureau.
Applicants should note that to make a false statutory declaration is a serious criminal offence, punishable upon conviction by imprisonment and/or a fine. This statutory declaration may be forwarded to the police for examination.
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