The Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) reduces the duration for certain types criminal convictions to be classified as 'spent.' Meaning that they will no longer be automatically revealed in employment background checks.
WHEN WILL A CONVICTION BE CLASSED AS SPENT?
The revised time periods for 'spent' convictions is dependant upon rehabilitating without re-offending. The new spent conviction time periods are as follows:
Sentences of up to one year will be classified as 'spent' after 12 months.
Sentences between one and four years will be considered 'spent' after a four-year period.
Sentences exceeding four years won't be automatically disclosed to employers provided there has been a seven-year rehabilitation period.
OTHER KEY INFORMATION
The above changes do not apply where convictions concern severe sexual, violence-related, or terrorist offenses carrying a sentence of four years or more.
In addition, individuals applying for jobs that involve working with vulnerable people will still have to disclose their convictions through standard and enhanced Disclosure and Barring Service (DBS) checks.
Please contact Nathan Combes if you’d like more information about the issues raised in this update and/or or to find out more about the employment law and/or HR related policies, documents, advice and training that we provide.
Disclaimer: the information set out above does not constitute legal advice and it is provided for general information purposes only. No warranty, whether express or implied is given and neither the author or Harrington Law shall be liable for any technical, editorial, typographical or other errors or omissions within the information provided.