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Ministers cut the amount of time offenders have to declare convictions

Offenders who have committed serious sexual, violent, or terrorist offences are excluded from the changes.

Patrick Daly
Monday 30 October 2023 00:01 GMT
Justice Secretary Alex Chalk said having to declare unspent convictions years later can be a ‘huge barrier’ to reintegration in society (Aaron Chown/PA)
Justice Secretary Alex Chalk said having to declare unspent convictions years later can be a ‘huge barrier’ to reintegration in society (Aaron Chown/PA) (PA Wire)

Ministers have reduced the amount of time that offenders have to declare their criminal convictions, including removing lifetime declarations for some former prisoners.

Justice Secretary Alex Chalk said having to declare unspent convictions years after being released from prison can be a “huge barrier” to reintegration into society.

His department said it can be an obstacle to finding employment, accessing housing and being accepted for insurance.

Under the rule change, custodial sentences of four years or more, for crimes deemed less serious, will become “spent” after a seven-year period of rehabilitation, as long as no further offence is committed.

Carrying the weight of life-long criminal records even after serving their time is a huge barrier for many offenders

Alex Chalk, Justice Secretary

Offenders who have committed serious sexual, violent, or terrorist offences are excluded from the changes, the Ministry of Justice (MoJ) said.

Those 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.

Nearly 125,000 people sentenced last year will benefit from the reforms, according to the MoJ.

Conservative Cabinet minister Mr Chalk said: “Carrying the weight of life-long criminal records even after serving their time is a huge barrier for many offenders seeking to reintegrate into society and turn away from a life of crime.

“These reforms will help ex-offenders get the steady income, routine and purpose they need which cuts reoffending and ensures fewer members of the public become victims of crime.”

The reforms came into force on Saturday October 28 under the Police, Crime, Sentencing and Courts Act.

The changes mean that an adult given a custodial sentence of a year or less will have to declare it for 12 months, down from two years for those handed sentences of six months or fewer.

A custodial sentence of between one and four years will need to be declared for four years and custody of more than four years for seven.

Under previous rules, custody of more than six months, and up to two-and-a-half years, had to be declared for four years, sentences of up to four years were not considered unspent for seven years and sentences of more than four years were never spent.

The MoJ said employment can help reduce reoffending, which it said costs the taxpayer up to £18 billion each year.

It expects the changes to make it easier for convicts released from jail to find work and accommodation.

It comes after the Justice Secretary announced earlier this month that fewer “low-level offenders” will be sent to prison.

They will instead be set to work performing other tasks such as cleaning up local neighbourhoods.

But rapists will still be forced to serve their full sentence in prison under the promised reforms.

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