REHABILITATION OF OFFENDERS ACT 1974
The RoOA1974 (EXCEPTIONS) ORDER 1975, SI 1975/1023 (and various other exceptions orders)

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NOTES

  • Rehabilitation of Offenders Act 1974
  • Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, SI 1975/1023 Sched. 1 (as frequently amended eg by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2003, SI 2003/965) is entitled "Excepted professions, offices, employments and occupations".

    The general rule is that spent convictions must be ignored for all purposes (see Criminal law aspects/Rehabilitation of Offenders Act/effect of rehabilitation ). Thus, as a general rule, a job applicant who committed any offences so long ago that they are now spent convictions is entitled to say that he has no criminal record if asked at a job interview.

    There are exceptions to this general rule. The exceptions fall into 3 categories:

    Thus in the employment field a person who has been convicted of an offence cannot take the benefit of the "spent conviction" rules in connection with job applications/dismissals/disciplinary proceedings etc for the professions, employments and occupations listed in the schedule to SI 1975/1023 (as to which see Criminal law aspects/Rehabilitation of Offenders Act/exceptions ).

    A general Home Office consultation on the Rehabilitation of Offenders Act, July 2002 ("Breaking the Circle" - 103 pages) was published in July 2002 (there is an Home Office explanatory summary of the consultation on the Home Office web-site). Separately, the Department for Work & Pensions published a "report no. 155" entitled DWP report 'Barriers to work for offenders and ex-offenders', December 2001 (and see 2001/12/11 - DWP press release re research "Barriers to work for offenders and ex-offenders).

    NACRO (the National Association for Care and Resettlement of Offenders) of 169 Clapham Rd, London SW9 0PU (tel 020 7582 6500) can often provide useful help and advice.

    See also Criminal law aspects/vetting of job applicants

    FINISH>
    updated July2002.




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