Criminal Records Bill [HL] (HL Bill 19)

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A

BILL

TO

Amend the length of time for which an individual may have a criminal record
under the Rehabilitation of Offenders Act 1974.

B e it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Shortening the length of time for criminal records under the Rehabilitation of
Offenders Act 1974

(1) Section 5 of the Rehabilitation of Offenders Act 1974 (rehabilitation periods for
particular sentences) is amended as follows.

(2) 5For subsection (1) substitute—

“(1) The sentences excluded from rehabilitation under this Act are—

(a) a sentence of imprisonment for life;

(b) a sentence of preventive detention;

(c) a sentence of detention during Her Majesty’s pleasure or for
10life;

(d) a sentence of imprisonment for public protection;

(e) a sentence of detention for public protection;

(f) an extended sentence of imprisonment;

(g) an extended sentence of detention;

15and any other sentence is a sentence subject to rehabilitation under this
Act.”

Criminal Records Bill [HL] Page 2

(3) In subsection (2), for the table substitute—

“Sentence End of rehabilitation period
for adult offenders		 End of rehabilitation period
for offenders under 18 at
date of conviction
A custodial sentence of
more than four years 		5The end of the period of
four years beginning
with the day on which
the sentence (including
any licence period) is
10completed. 		The end of the period of
four years beginning
with the day on which
the sentence (including
any licence period) is
completed.
A custodial sentence of
more than two years and
up to, or consisting of,
four years 		The end of the period of
two years beginning
with the day on which
the sentence (including
15any licence period) is
completed. 		The end of the period of
two years beginning with
the day on which the
sentence (including any
licence period) is
completed.
A custodial sentence of
up to, or consisting of,
two years 		The end of the period of
one year beginning with
the day on which the
20sentence (including any
licence period) is
completed. 		The end of the period of
six months beginning
with the day on which
the sentence (including
any licence period) is
completed.
Removal from Her
Majesty’s service 		The end of the period of
one year beginning with
25the date of the
conviction in respect of
which the sentence is
imposed. 		The end of the period of
six months beginning
with the date of the
conviction in respect of
which the sentence is
imposed.
A sentence of service
detention 		The end of the period of
one year beginning with
the day on which the
sentence is completed. 		The end of the period of
30six months beginning
with the day on which
the sentence is
completed.
A compensation order The end of the period of
35one year beginning with
the date on which the
order was passed or the
date on which the
payment is made in full
40(whichever is sooner). 		The end of the period of
one year beginning with
the date on which the
order was passed or the
date on which the
payment is made in full
(whichever is sooner).
A community or youth
rehabilitation order 		The last day on which
the order is to have
effect. 		The last day on which the
order is to have effect.”

Criminal Records Bill [HL] Page 3

(4) For subsection (3) substitute—

“(3) Where no provision is made by or under a community or youth order
for the last day on which the order is to have effect, the rehabilitation
period for the order is one year.”

2 5Road traffic endorsements

Article 3 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
(Commencement No.9 Saving Provision and Specification of Commencement
Date) Order 2014 (S.I. 2014/423) is repealed.

3 Extent, commencement and short title

(1) 10This Act extends to England and Wales only.

(2) Section 1 comes into force on such day as the Secretary of State may by
regulations made by statutory instrument appoint.

(3) This Act may be cited as the Criminal Records Act 2020.

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