Changes to the Rehabilitation of Offenders Act
From 28 October 2023, custodial sentences of over 4 years that are not already excluded (such as life sentences or sentences of imprisonment for public protection), will be able to become spent for the first time. However, to ensure the protection of the public, the changes do not apply to persons sentenced to more than 4 years imprisonment following a conviction for any serious violent, sexual, or terrorist offences listed in Schedule 18 of the Sentencing Act 2020. These convictions will continue to never become spent and will therefore always be disclosed.
In addition, rehabilitation periods for some disposals/sentences will be reduced. For example:
- Custodial sentences of more than 1 year and up to 4 years will now become spent 4 years after the end of the sentence,
- Custodial sentences of up to 1 year will now become spent 1 year after the end of the sentence.
- Community Orders and Youth Rehabilitation Orders will now become spent at the end of the order.