New legislation has come into force on how job candidates declare previous convictions, meaning thousands of ex-offenders will be able to secure work easier.
Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came into force on 28 October 2023.
The new rules significantly decrease the time people with criminal convictions are legally required to declare the same in applications for jobs, courses, and housing.
What are the new rules?
Now, custodial sentences of four years and over for less serious crimes become ‘spent’ after seven years of rehabilitation, as long as no further offences are committed.
People who have committed serious sexual, violent, or terrorist offences will not be included in these new rules.
Stricter disclosure rules will also apply to positions that involve working with vulnerable people via standard and enhanced Disclosure and Barring Service (DBS) checks.
The time after which a conviction becomes spent will be reduced depending on the seriousness of the crime.
The new legislation comes as part of a wider reforms designed to decrease the £18 billion yearly cost of reoffending. The Moj estimates 125,000 offenders sentenced in 2022 alone will benefit.
Alex Chalk, Justice secretary stated:
“Carrying the weight of life-long criminal records even after serving their time is a huge barrier for many offenders seeking to reintegrate into society and turn away from a life of crime.
These reforms will help ex-offenders get the steady income, routine and purpose they need which cuts reoffending and ensures fewer members of the public become victims of crime.”
Obtaining paid employment is a significant factor in the chances of reoffending. The amount of ex-offenders who have successfully secured jobs within six months has nearly doubled since April 2021, from 14% to 30%.
The Government first suggested the idea of lowering spent conviction period as part of the 2020 white paper on smarter sentencing.
Joint interim CEO of Unlock (a charity to support those with convictions) Justina Forristal, said:
“Thousands of people have woken up knowing that for the first time, they had a chance to be considered by employers for their skills and experience – not their past.
Unlock has argued for a simpler criminal records system and a reduction in spending periods – and against the injustice of lifelong unspent convictions.
However, the fact that so many sentences will still be exempt demonstrates how much there is still to do in order to have a system that truly supports rehabilitation.
Everyone should have the chance to move on positively with their lives and be valued for the contributions they can make.”
It’s important to note that the time periods mentioned above only relate to offenders who are aged 18 and over at the time of conviction. The time frame of required disclosure is altered and slightly reduced where the offender was under 18 at the time of conviction.
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Laura Kearsley is a Partner in our expert Employment Law team. Laura has a strong reputation in all aspects of employment law, including Employment Tribunal litigation, discipline and grievance issues, and unfair and constructive unfair dismissal claims, and has particular experience in developing HR support services for businesses.
If you would like any advice concerning the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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