This year marks the 50th anniversary of the passing of the Rehabilitation of Offenders Act (ROA) – landmark legislation which recognised the need to give people the chance to move on from their pasts. Over the coming months Nacro will be publishing a series of content to celebrate this anniversary including debates about the new frontiers since the ROA was introduced; whether people are now getting a fairer chance at a second chance; what the big issues of the day are and what change needs to happen now. As always, we will have lots of practical information to help professionals and individuals know how the law impacts them and what they need to do.
We know from the thousands of enquiries that are received by our Criminal Record Support Service (CRSS) that having a criminal record can be a barrier to employment, education and housing. Removing these barriers helps gives people with a criminal record the best chance of a second chance. It allows them to reintegrate back into society, reducing the risk of reoffending and creates a more inclusive, fair, and safer society for us all. This is why we provide support and advice for people with criminal records and support employers and education providers in making safe and fair decisions around recruitment, retention and admissions.
We have come a long way from where we were before the introduction of the ROA when a person with a criminal record applying for a job, a college course or housing would have been required to disclose their entire criminal history, which in some cases would consist of a single minor offence but nonetheless have the devastating impact of denying that person the opportunity to move on with their life.
Nacro and others campaigned for certain protections for people with criminal records that would allow them to rebuild their lives without the constant burden of their past mistakes. This led to the introduction of the Rehabilitation of Offenders Act on 31 July 1974, which came into force in July 1975, which really was a landmark piece of legislation.
How the ROA works
The ROA primarily exists to support the rehabilitation of people with convictions ‘who have not been reconvicted of any serious offence for periods of years’. The Act allows all cautions and most convictions to be considered ‘spent’ after a specified period of time, legally referred to as the rehabilitation period – but in practice it is a disclosure period. The length of the rehabilitation period varies according to the sentence or disposal given.
Once ‘spent’, the Act treats the person as if they had never been cautioned or convicted of the offence. As a result, the caution or conviction in question does not need to be disclosed by the person when applying for most jobs, educational courses, insurance, housing applications or other purposes, unless the role applied for is ‘exempt’ from the Act.
Why the ROA is important for people with criminal records
- Employment Opportunities: Once your conviction is spent, you generally don’t need to disclose it when applying for most jobs. This can significantly improve your chances of getting hired and help you focus on the skills and qualifications you have to offer.
- Education: Applying for courses or programmes can be daunting if you have a criminal record. With a spent conviction, you can pursue most educational opportunities without the fear of being rejected due to your criminal record
- Insurance: The ROA also affects applications for insurance. Once your conviction is spent, you don’t have to disclose it, which can lead to better premiums and coverage options.
Why the ROA is important for employers
- Fair Hiring Practices: The ROA promotes fair hiring by ensuring that candidates are judged based on their current abilities and qualifications rather than their convictions and cautions that are spent and no longer deemed relevant. This helps build a more inclusive and diverse workforce.
- Legal Compliance: Understanding and adhering to the ROA helps employers stay compliant with the law, avoiding potential legal issues related to discrimination and breaches of data protection.
- Access to Talent: By considering applicants with spent convictions, employers can tap into a wider talent pool, bringing in dedicated and skilled individuals who are eager for a second chance.
Key Considerations for Employers
- Rehabilitation Periods: The time it takes for a conviction to become spent depends on the severity of the sentence. For example, a fine may be spent after one year, while a custodial sentence of between 1 and 4 years will take 4 years to become spent. More serious offences might never be spent.
- Exceptions for Certain Jobs: Some professions require background checks where spent convictions must still be disclosed. These include roles in healthcare, childcare, law enforcement, and other sensitive positions. Employers in these sectors need to conduct thorough vetting to ensure the safety and security of vulnerable groups.
- Recent Changes: The ROA has been amended to update and improve its application. Recent changes have reduced some rehabilitation periods, meaning certain convictions become spent sooner.
For people with criminal records, the changes this Act brought in meant a chance to rebuild and thrive. For employers, it’s a guide to equitable hiring and legal compliance. By paying attention to the ROA, we all contribute to a society that values second chances and the potential for growth and change.
For the last 50 years Nacro has been involved in providing support, advice and guidance as well as highlighting where the wider criminal disclosure system needs further reform. The complexity of the system has grown over time and is now incredibly complex, at times arbitrary and not well understood by individuals or employers. We are now at a point where we believe there is a need for a fundamental review of the whole criminal record disclosure system to ensure it is effective, fair and easy to understand. We are asking the Government to undertake a fundamental review and will over coming months be highlighting where the system is currently not working and what we believe needs to change.
So for this anniversary, we are both celebrating the huge difference the ROA has made since it’s introduction 50 years ago, and we are continuously striving for better.
If you are an employer, education provider, or individual with a criminal record you can find all the information you need on disclosure of criminal records here.