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8 unusual facts about Rehabilitation of Offenders Act 1974


Absolute privilege in English law

The defence under this section is excluded by section 8(6) of the Rehabilitation of Offenders Act 1974 (as amended by subsection (4) of this section).

Criminal record

Low-level disclosures give only unspent convictions (convictions which have not yet been expunged under the Rehabilitation of Offenders Act 1974), while enhanced disclosures ideally include all convictions, cautions, reprimands and final warnings.

Disclosure and Barring Service

An organisation which is entitled to ask exempted questions (under the Rehabilitation of Offenders Act 1974) must register with the DBS, or a registered DBS Umbrella Body before they can request a DBS check on an applicant.

Disclosure Scotland

Any person can apply for a Basic Disclosure in their own name: this is a document listing the person's unspent convictions under the terms of the Rehabilitation of Offenders Act 1974.

JUSTICE

At the same time JUSTICE developed as a policy organisation, producing reports that helped establish the UK's Ombudsman system, the Criminal Injuries Compensation Board, the Rehabilitation of Offenders Act 1974, the Data Protection Act 1998, and the Criminal Cases Review Commission.

Police caution

Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months.

Violent and Sex Offender Register

In December 2012, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 was enacted, which made a number of amendments to the Rehabilitation of Offenders Act 1974.

Visa Waiver Program

National regulations which normally expunge criminal records after a certain length of time (e.g. the Rehabilitation of Offenders Act 1974 in the UK) do not apply.



see also