Personal Licences - Changes to the Rehabilitation of Offenders Act 1974

You will no doubt be aware that all personal licence applicants must disclose any unspent relevant convictions on their application paperwork and the Police may object to such application if they feel the granting of the licence would undermine the crime prevention licensing objective.

Significant changes to the Rehabilitation of Offenders Act 1974 will come into effect on 10 March 2014. The changes will effectively entail a shortening of rehabilitation periods for both custodial and non custodial convictions as summarised below thus shortening the point when convictions will become spent.

Custodial sentences (adult offenders)

Sentence Length	New rehabilitation period is period of sentence plus the ‘buffer' period below which applies from end of sentence.
6 months or less	2 years
More than 6 months up to 2 1/2 years	4 years
More than 2 1/2 years up to 4 years	7 years
More than 4 years	Never spent

Non-custodial sentences (adult offenders)

Sentence Length	‘Buffer' period (applies from end of sentence)
Community Order ( & Youth Rehabilitation Order)	1 year
Fine	1 year (from date of conviction)
Compensation Order	Date on which payment is made in full
Absolute discharge	None
Conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order	Period of order

It should be noted that if the offender was under 18 at the time of conviction then the above referenced periods are halved except for custodial sentences of 6 months or less where the ‘buffer period' will be 18 months.

Interestingly, the changes will be retrospective so those convicted before 10 March 2014 will also have the benefit of the changes.

If you have relevant convictions, wish to apply for a personal licence (or have previously been rejected) and are unsure how the new changes might affect you, please contact one of our Solicitors.