Review of the Rehabilitation of
Offenders Act 1974
- Over a quarter of the
working age population has a previous conviction
- The annual cost of crime is
£60 billion
- Employment can reduce
re-offending by between a third and a half
- But a criminal record can
seriously diminish employment opportunities
We
must break this circle
In 2001-02 a review of the
Rehabilitation of Offenders Act 1974 (ROA) looked at
ways to ensure that the burden of the requirement to
disclose a previous conviction is minimised for the very
many ex-offenders who simply want the chance of lawful
employment, while maintaining a requirement to disclose
where there may be a particular risk of harm. The review focused specifically on the requirements for
disclosure to employers. The review's report Breaking
The Circle was published in July 2002.
The
Government's Response
On 9 April 2003 the Government
announced to Parliament the response to the review's
report. The report was widely welcomed by most
consultees although some reservations about the length
of the disclosure periods for those sentenced to custody
were expressed by a number of employers. The Government
has considered the report in the light of all the
comments submitted and has agreed to take forward the
majority of the recommendations. A
summary of consultees and the Government response to the
report (PDF file) has now been published.
What is
the ROA?
The ROA was introduced to help
restore the reputation of a person who has been
convicted of an offence but has since stayed on the
right side of the law.
It specifies the period of time
that an offender is required to disclose previous
convictions, including when applying for a job. For
example, if someone is sentenced to 30 months or less in
prison, they will be required to disclose their
conviction for a period up to 10 years from the date of
their sentence. After 10 years the conviction will
become 'spent' and would no longer need to be
disclosed. Details of specific sentences/periods are set
out within the current Act.
However, there is also an Exceptions
Order setting out when this limited disclosure
does not apply. The Order covers posts that involve
particular risks, such as work with children or
vulnerable adults, national security, the administration
of justice, or financial services. For all these posts
applicants will always be required to disclose all their
previous convictions, whether they are 'spent' or
not.
Why review the ROA and the
Exceptions Order?
The ROA is now over 25 years
old and has been criticised for being too complicated
and for not helping ex-offenders to put their past
behind them. The rehabilitation periods – when
ex-offenders are required to disclose their previous
convictions to employers – are long, limiting the
prospects of the resettlement of ex-offenders (offender
statistics). The impact will be even more
significant with the availability of Basic Disclosures
through the Criminal
Records Bureau.
What was
the aim of the review?
The aim of the review was to
consider whether any other arrangement might work
better. The objective was to provide a clear and
coherent balance between the interests of those who have
been convicted of a crime but now want to lead
constructive and law-abiding lives, and those vulnerable
people who deserve protection from those who may
continue to pose a risk.
How did
the review work?
The Review Team began its work
in June 2001 and published its findings in Breaking the
Circle on 17th July 2002.
The review took account of
other relevant policy developments to ensure that any
new scheme would be fit for purpose in the modern
context. The review team worked closely with those
engaged in the implementation of a new sentencing
framework, and with the Social
Exclusion Unit and its examination of the barriers
to employment and housing for ex-prisoners.
The review also considered
current research findings on
offending and barriers to employment.
The
Groups
To enable the review to ensure
that it covered all angles and view points two separate
Groups were established:
- Core
Group - who steered the review; and
- Advisory
Group - who provided the Core Group with the
advice of practitioners and other experts on all
issues relating to the rehabilitation of offenders.
Please click on the relevant
group for details of membership.
Moving
Forward
To take the review forward the
review team and its groups considered all aspects of
everyday life that are affected by the ROA. A programme
of seminars and conferences were arranged through autumn
and winter to involve those most affected by the ROA.
These included:
Please click on any of the
workshop/seminar titles to read a report on the events
of the day and the topics discussed.
What next
?
The proposed reforms require
primary legislation. The Government will publish a Bill
as soon as Parliamentary time allows.
If you wish to receive a copy
of the Government response or Breaking
the Circle (file size 607 kb) by
post, please contact us
at:
Review of the ROA
Room 471
Home Office
50 Queen Anne's Gate
London
SW1H 9AT
E-mail: ROA.Review@homeoffice.gsi.gov.uk
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