Disclosing motoring convictions under the Rehabilitation of Offenders Act

In our previous blogs 50 years of the Rehabilitation Act 1974: Celebrating Progress and Promoting Second Chances and Understanding your criminal record; what you need to know, we highlighted the important role played by the Rehabilitation of Offenders Act 1974 (ROA) in providing people with a criminal record the chance to reintegrate into society and move on with their lives.

The ROA was designed with a clear purpose: to allow individuals with past convictions to “wipe the slate clean” after a specified period, provided they have not reoffended. The rehabilitation period varies depending on the severity of the offence and the sentence given.

Despite the good intentions behind the ROA, it is far from perfect. There are still anomalies in the criminal record system that governs the disclosure of criminal records, which affect people long after the penalty or sentence they received has ended. A prime example of this is the treatment of motoring convictions under the ROA. This blog explores issues relating to the disclosure of motoring convictions and the implications.

What is considered a ‘motoring conviction’?

A motoring conviction happens when someone is considered to have broken the law while driving. For example, if a driver is caught doing something illegal, like speeding, driving under the influence of alcohol, or using a mobile phone while driving, they can receive a criminal conviction. This does not include parking tickets or fines for driving in a bus lane which are civil matters. Each year, there are approximately 750,000 motoring convictions in the Magistrates’ Court in England and Wales [1].

There are also approximately 2.8 million motoring fixed penalty notices received out of court in England and Wales each year [2] and it is important to note that fixed penalty notices are also considered a criminal record for the purposes of disclosure and technically must be disclosed to an employer until they become spent. This is despite the fact that a fixed penalty notice or conviction for minor motoring offence such as speeding is very rarely disclosed on a criminal record check. Fixed penalty notices are issued for actions such as speeding, driving without insurance, or failing to wear a seatbelt.

Regardless of the motoring offence committed, provided it is listed on this schedule a person is required to disclose the conviction to an employer or insurer for a period of 5 years from the date of conviction (or 2 ½ years if the person is under 18).

A motoring conviction can affect car insurance, which can become more expensive, and can also impact on job prospects if the job requires driving.

What’s the issue?

Changes in recent years which led to a reduction in rehabilitation periods for custodial sentences and community orders didn’t consider the impact on other disclosure periods, resulting in a criminal record system where motoring offences must be disclosed for longer than more serious offences.

For example:

Imprisonment for 12 months – Disclosed for 1 year from the end of sentence i.e. 2 years
12 month community order – Disclosed until end of order i.e. 12 months
3 points on driving licence and a fine – Disclosed for 5 years

Although the exact number of people that may be disproportionately affected by this is unknown, one can assume that this will be a significant number of people given the following:

74% of English residents aged 17 and above hold a driving licence [3]
78% of English households own a car [4]
The number of people that are required to drive for work is increasing year on year. The UK has the third largest delivery sector in the world with 25 million grocery deliveries and 44 million food deliveries each year [5].

What is the impact of having a motoring conviction

The ongoing requirement to disclose motoring convictions for longer than other convictions—particularly to employers and insurers—creates a barrier to rehabilitation as employment is recognised as a key driver to reducing reoffending.

Some of the key problems are:

Complexity and Lack of Clarity Many people with unspent minor motoring convictions struggle to understand when they are legally required to disclose this information due to it rarely being disclosed on a criminal record check, creating the impression that a person is not obliged to disclose their motoring conviction to an employer when in fact the opposite is true.
Impact on Employment Opportunities For jobs that involve driving, disclosure of motoring convictions can significantly impact employment prospects. For example, professional drivers or people seeking roles that require a clean driving licence may find that even minor motoring convictions close the door to job opportunities.
Disproportionate Insurance Costs Whilst a motoring conviction remains unspent, people often face disproportionate insurance costs.

The need for reform

The current framework for the treatment of motoring convictions under the ROA is flawed and we recommend the following reforms:

Simplifying Disclosure Rules There is a clear need to simplify the rules around the disclosure of motoring convictions and the need to consider whether it is necessary to disclose certain minor motoring convictions for employment purposes.
Shorter rehabilitation periods for motoring convictions There is a need for more proportionate treatment of motoring offences. Minor driving matters such as speeding should not carry the same long-term consequences as more serious offences. A more nuanced approach to rehabilitation for motoring convictions would ensure that individuals with minor offences are not unduly penalised for years after the offence was committed.

What needs to change with the criminal record disclosure system for motoring convictions

The ROA is an essential piece of legislation that aims to give individuals with past convictions a second chance. However, the treatment of motoring convictions under the Act is flawed. The ongoing requirement to disclose these convictions to insurers and employers for longer than other types of convictions create barriers to rehabilitation and imposes disproportionate financial and social costs.

The criminal record disclosure system has developed over time and motoring convictions are one example of the many anomalies in the system. The system is now incredibly complex, at times arbitrary and not well understood by individuals and employers. We believe we need a review of the whole criminal record disclosure system to ensure it is effective, fair and easy to understand. For the ROA to truly achieve its goal of allowing individuals to move on from their past mistakes, reforms must include fairer treatment for minor motoring offences.

Nacro’s Criminal Record Support Service

Our Criminal Record Support Service helps people who have a criminal record with information about what they need to disclose, how they disclose and support and advice for jobs.

We offer bespoke training, guides, and advice for employers on how to support employees with criminal records as well as their legal requirements for obtaining information from employees.

Discover more about our Criminal Record Services here.