To Be Spent, But, Still To Be Prejudiced Against - Nothing Changes

DBS list of offences that will never be filtered from a criminal record check https://t.co/vKgbeDKUSG
— CrimeLine.info® (@CrimeLineLaw) December 2, 2013

(Embedded Tweet - click date - archived, if needed).

List ... https://t.co/vKgbeDKUSG (.xlsx)

Going to be a minefield ...

http://therealosc.blogspot.co.uk/search/label/ROA%201974

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December 2013

Filtering legislation

"What is the new filtering legislation about?

Previously, all convictions, cautions, final warnings and reprimands on the Police National Computer were disclosed on Standard and Enhanced DBS (formerly ‘CRB’) certificates until a person reached 100 years of age.

On the 29th May 2013, an amendment to The Police Act 1997 was implemented that allows certain minor offences to be removed or ‘filtered’ from the certificates. Offences that are eligible to be filtered no longer need to be disclosed for jobs that are eligible for Standard or Enhanced DBS checks.

Please note that the legislation applies to England and Wales only."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/legislation/filtering-legislation,1648,NAP.html

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Page history: Updated 13 December 2013, see all updates

DBS filtering guide Organisation: Disclosure and Barring Service

Information added about external guidance available from Nacro and Unlock. 13 December 2013 10:46am

Added more information about convictions with multiple offences. 13 September 2013 11:01am

Updated to version 1.4 - added a link to Unlock guidance1 2 August 2013 3:37pm

Uploaded new version 1.3 with further advice on filtering. 30 July 2013 2:20pm

Updated version of the document.1 2 June 2013 12:24pm

Updated the document 29 May 2013 8:41am

First published. 28 May 2013 3:34pm

Policy: Helping employers make safer recruiting decisions
Collections: DBS filtering guidance and DBS checking service guidance

https://www.gov.uk/government/publications/dbs-filtering-guidance

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265811/Filtering_guidance_v3.pdf

Get Your Fingers Out

Published 14 November 2013

The Rehabilitation of Offenders Act 1974 - Commons Library

"Research publications › Research briefings‎

Standard notes SN01841. Authors: Sally Lipscombe."

"The Rehabilitation of Offenders Act 1974 aims to give those with convictions or cautions the chance – in certain circumstances – to wipe the slate clean and start afresh.

Under the Act, eligible convictions or cautions become “spent” after a specified period of time known as the “rehabilitation period”, the length of which varies depending on how the individual concerned was dealt with. Prison sentences of over 30 months are excluded from the scope of the Act and can therefore never become spent. The rehabilitation periods for other types of sentence vary according to whether the person was cautioned or convicted and, if the latter, the type of sentence imposed. Rehabilitation periods will generally be shorter for offenders aged under 18 when they were convicted.

Once the conviction or caution becomes spent, the offender is regarded as rehabilitated and (for most purposes) is treated as if he had never committed the offence.

However, there are a number of exceptions to this general approach. For example, for some types of employment a person can be required to disclose details of both unspent and spent convictions or cautions.

The Government has recently legislated (via section 139 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) to reform the 1974 Act in two key ways. The first key change is to extend the scope of the Act to cover custodial sentences of up to 48 months, and the second is to change the length of some of the rehabilitation periods (in most cases by reducing them).

The Act received Royal Assent on 1 May 2012 but section 139 has not yet been commenced and so is not yet in force. The Government had initially indicated that section 139 would be commenced in spring 2013; however, in February 2013 the offender rehabilitation charity Unlock said that it had been notified by the Government that section 139 would not now be commenced until November 2013. In answer to a PQ in October 2013, the Government said that it was working through some significant business and technical issues regarding implementation that were required to be resolved before commencement. It said that it aimed to have the reforms in place at the earliest possible point."

http://www.parliament.uk/briefing-papers/sn01841/the-rehabilitation-of-offenders-act-1974

http://www.parliament.uk/briefing-papers/sn01841.pdf

You Can Run ...

18th February 2013

Delays to reforms to the Rehabilitation of Offenders Act 1974

"We're disappointed to announce that this morning we've received notification from the Government that the changes to the Rehabilitation of Offenders Act 1974, due to come into force in Spring 2013, have been delayed. The Ministry of Justice provided us with the following:

"As you know, the commencement of the reforms are dependent on the necessary system changes being in place so that basic disclosure certificates for England and Wales will reflect the new rehabilitation periods. We had been aiming to commence the reforms by April 2013, however, it will not be possible to achieve the necessary system changes by that date and we are now looking at commencement in November.""

http://us2.campaign-archive1.com/?u=45c161a5b068f45e640606f58&id=7d2571400c&e=369ac4ad54

Standard notes SN01841 - The Rehabilitation of Offenders Act 1974

http://forum.unlock.org.uk/default.aspx?f=22&m=21072

The Rehabilitation of Offenders Act 1974 - Commons Library Standard Note

http://www.parliament.uk/briefing-papers/SN01841

Letter from M0J on LASPO and ROA

http://forum.unlock.org.uk/default.aspx?f=22&m=21074

Dr Oldfield 'Writes A Letter'

A Communication To Our Home Secretary

http://criticalestoppel.blogspot.co.uk/2012/12/a-communication-to-our-home-secretary.html