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Topic: Rehabilitation of Offenders Act


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In the News (Fri 27 Nov 09)

  
  REHABILITATION OF OFFENDERS - Ministry of Justice Jamaica   (Site not responding. Last check: 2007-11-01)
The rehabilitation period is simply the waiting period that a person must wait before an application can be made for the expungement of a conviction.
The Rehabilitation period is calculated from the date of the expiration of the term of imprisonment in the case of custodial sentences, and in other cases, upon the satisfaction of the court’s sentence.
In the second phase, the conviction is expunged or removed from the record, after the lapse of a further Rehabilitation period of equal duration to the first Rehabilitation period and the satisfaction of the essential conditions.
www.moj.gov.jm /expungement   (345 words)

  
 roa
It is fundamentally important that the distinction between the purpose of the act and the constraints imposed upon it be thoroughly understood.
Thus, the purpose of an ROA should be: “to enable people, who have offended, suffered the appropriate penalty and reformed, to be legally entitled to rehabilitation, by concealing their official records”.
The purpose of an ROA should be: “to enable people, who have offended, suffered the appropriate penalty and reformed, to be legally entitled to rehabilitation, by concealing their official records”.
www.somersite.co.uk /roa.htm   (5516 words)

  
 London Association for Youth Justice   (Site not responding. Last check: 2007-11-01)
The NAYJ is, however, concerned that the same provisions apply where the offender is also under the age of 18 years, including cases where he or she might indeed be younger than the victim.
The NAYJ therefore believes that arrangements governing the rehabilitation of children should acknowledge that the risk of reoffending is likely to decline at a faster rate than that associated with adult offenders who commit similar offences.
Moreover, shorter rehabilitation periods would be adequate to protect the public given that a comparatively brief offence free period is a better indicator of risk reduction in the case of a child than in the case of an adult.
www.nayj.org.uk /oldwebsite/rehaboffact.html   (2216 words)

  
 The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (No. 2) Order 2001
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975[2] ("the 1975 Order") is amended in accordance with the following provisions of this Order.
The Financial Services Authority or the authorised person (within the meaning of section 31(2) of the 2000 Act) or the applicant for Part IV permission who made the application for the Authority's approval under section 59 of the 2000 Act in relation to the person mentioned in sub-paragraph (a) of the first column.
17), section 40; S.I. 1988/872 and S.I. 2001/1192; and modified by S.I. The relevant provisions of the Osteopaths Act 1993 and the Chiropractors Act 1994 are repealed by section 133 of, and Schedule 10 to, the Police Act 1997 (c.
www.opsi.gov.uk /si/si2001/20013816.htm   (2926 words)

  
 GNN - Government News Network
Currently the length of time before convictions are spent varies depending on the nature of the offence, certain offences are never ''spent'' and some types of job are exempt from the Act and all previous convictions have to be declared.
The review of the Act will be conducted in conjunction with the Government''s on-going review of the sentencing framework and the Social Exclusion Unit''s work on reducing the rate of re-offending among ex-prisoners.
To consider whether it adequately achieves the policy goal of reducing crime through the rehabilitation of offenders and the protection of the public or whether any other arrangements might better deliver this objective." 3.
www.gnn.gov.uk /Content/Detail.asp?ReleaseID=30379&ClientID=81&NavigatedFromDepartment=True&NavigatedFromDepartmentList=False&NewsAreaID=2   (635 words)

  
 Offenders - Understanding the law
The Rehabilitation of Offenders Act 1974 enables criminal convictions to become ‘spent’ or ignored after a period of rehabilitation.
These included replacing rehabilitation periods with shorter disclosure periods and reviewing the rule that convictions involving sentences of over two and a half years are never spent.
The length of the rehabilitation period depends on the sentence given, not the offence committed.
www.prospects.ac.uk /cms/ShowPage/Home_page/Handling_discrimination/Offenders/Understanding_the_law/p!eXcedc   (934 words)

  
 Offenders Act Information and Cheap UK Car insurance quotes   (Site not responding. Last check: 2007-11-01)
The Rehabilitation of Offenders Act 1974 (became operative 1/7/75) enables some criminal convictions to become 'spent' or ignored, after a period of 'rehabilitation'.
The length of the rehabilitation period for some convicted drivers depends on the sentence given, not the offence committed.
For a custodial sentence the rehabilitation period is decided on the original sentence given, not the time spent.
www.i4insurance.co.uk /Insurance-Information/offenders-act.aspx   (442 words)

  
 Criminal Records Bureau - What is the Rehabilitation of Offenders Act (ROA) 1974?
The Rehabilitation of Offenders Act (ROA) 1974 applies to England, Scotland and Wales, and is aimed at helping people who have been convicted of a criminal offence and who have not re-offended since.
Anyone who has been convicted of a criminal offence, and received a sentence of not more than 2.5 years in prison, benefits as a result of the Act, if he or she is not convicted again during a specified period otherwise known as the 'rehabilitation period’.
For example, if a person receives a sentence of imprisonment or detention in a young offenders institute of between 6 months and 2.5 years, the rehabilitation period is 10 years, or 5 years if the individual was under 18 at the time of conviction.
www.crb.gov.uk /Default.aspx?page=313   (401 words)

  
 CarLaw on CarNet.co.uk, the motoring portal - The Rehabilitation of Offenders Act 1974
So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).
If a rehabilitation period is still running and the person concerned commits a minor offence (a 'summary' offence that can only be tried in a magistrates' court), the minor offence will not affect the rehabilitation period still running.
The Act does not provide any means of enforcing a person's right not to be refused employment (or entry into a profession) on the grounds of a spent conviction.
www.carnet.co.uk /carlaw/rehabilitation.html   (1661 words)

  
 Pardon
For a young offender (under 18), the non-offending period is five years even for prison sentences.
In addition, those working in professions associated with the justice system, such as solicitors or police are not allowed to withhold details of previous convictions in relation to their job.
Pardons and acts of clemency (grâces) are granted by the President of France, who, ultimately, is the sole judge of the propriety of the measure.
www.brainyencyclopedia.com /encyclopedia/p/pa/pardon.html   (1895 words)

  
 private hire operator notes
The Rehabilitation of Offenders Act, 1974, has the effect of removing from a convicted persons criminal record, certain offences after a stipulated period of time has passed.
After the appropriate rehabilitation period, a rehabilitated person is treated for all purposes in law as a person who has not committed or been convicted of such offence.
Where certain serious offences occur during a rehabilitation period for an earlier offence the earlier conviction may not become spent until the end of the rehabilitation period for the latest offence.
www.tmbc.gov.uk /cgi-bin/buildpage.pl?mysql=969   (1336 words)

  
 Isle of Man Government Civil Service Personnel - Isle of Man Personnel Office
The Rehabilitation of Offenders Act 2001, which came into force on 21 June 2001, allows certain convicted persons who have not been reconvicted after certain lengths of time, to consider their convictions "spent".
The Act enables applicants for posts (which are not exempt by virtue of the Rehabilitation of Offenders Act 2001(exceptions) Order 2001), to refrain from disclosing details of convictions unless,
It was a sentence of detention during Her Majesty’s Pleasure, in relation to certain young offenders.
www.gov.im /personnel/iomcs/terms/offenders.xml   (555 words)

  
 Ex Offenders and Volunteering - Volunteer Centre Edinburgh Scotland UK
The rehabilitation time is based on the sentence given rather than the actual time served.
Rehabilitation periods get complicated if other offences are committed during the rehabilitation.
If a summary offence is committed during the rehabilitation period of a previous conviction, then the rehabilitation period is not affected.
www.volunteeredinburgh.org.uk /resources/exoff.html   (1442 words)

  
 Criminal Records under the Police Act 1997
However the Act may be criticised for not protecting the public interest by ensuring that those engaged in certain occupations such as child care or taxi driving are fit to do so.
Where a conviction is spent, under s.4 of the Act the individual is regarded as a rehabilitated person who should be treated as if he or she has never been charged or convicted.
These groups are not exempted from the provisions of the Rehabilitation of Offenders Act and therefore it would be expected that employers and licensing authorities would ask for criminal conviction certificates to be supplied by applicants.
www.kent.ac.uk /law/spu/criminal_records.htm   (4460 words)

  
 [No title]
The Rehabilitation Period In The Act FIXED Over 18 Years Old Under 18 Years Old (at time of conviction) (at time of conviction) Custodial sentences between 6 months and 2 ½ years 10 years 5 years Sentences of 6 months or less 7 years 3½ years This also applies to suspended/deferred sentences.
The Extension Of The Rehabilitation Periods The Act is straightforward where a person has one conviction and therefore one rehabilitation period.
Exceptions to the Act Various kinds of employment, occupations and professions are exempted from the Rehabilitation of Offenders Act 1974 by the Exclusions and Exceptions (Scotland) Order 2003.
www.apexscotland.org.uk /rehabact_extended.doc   (1762 words)

  
 Welcome to Bolsover District Council's website   (Site not responding. Last check: 2007-11-01)
Under the Rehabilitation of Offenders Act 1974, an individual who has had a conviction (or convictions) for an offence, may, with certain exceptions, be rehabilitated and allowed to treat the conviction as if it has never occurred.
As Bolsover District Council meets the requirements in respect of exempted questions under the Rehabilitation of Offenders Act 1974, all applicants who are offered employment in an exempt post will be subject to a criminal record check at the appropriate level from the Criminal Records Bureau before the appointment is confirmed.
Applicants are not required to disclose convictions that are 'spent' under the Rehabilitation of Offenders Act 1974.
www.bolsover.gov.uk /default.aspx?page=7718   (1041 words)

  
 Rehabilitation of Offenders Act 1974
The UK Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'.
Determining whether a caution is an appropriate way of dealing with an offender therefore involves the police making a judgment as to the nature of the offence and the offender in general.
This can be time consuming but the organisation will be all the better equipped to deal with rehabilitation of offenders issues after the exercise.
www.cwgsy.net /private/sljohn/rehabilitation.htm   (2733 words)

  
 CIPD - Employing people with criminal records
Reprimands and final warnings (for offenders under 18 years old) are issued by the police as an alternative to putting a young person before the courts.
Once it is 'spent', the rehabilitated person does not have to reveal its existence in most circumstances and can answer 'no' to the question 'do you have a criminal record?' Certain occupations are excepted - these are listed in Rehabilitation of Offenders (Exceptions) Orders.
In the light of the Police Act 1997, the CRB/SCRO and a general toughening of attitudes, it is recommended that employers should take action to ensure that approaches to diversity and equality cover this issue.
www.cipd.co.uk /subjects/dvsequl/exoffenders/crimrec.htm?cssversion=enlargetext&cssversion=printable   (1806 words)

  
 CLCI : I - JOD   (Site not responding. Last check: 2007-11-01)
Employment is at the discretion of the employer and in compliance with the Rehabilitation of Offenders Act 1974.
All cautions and convictions, including those spent under the Rehabilitation of Offenders Act, must be disclosed and may be taken into consideration.
Yes: under the Opticians Act 1958 and the Opticians Act 1989 (as amended) registration with the GOC is compulsory for ophthalmic opticians and dispensing opticians to practise in the UK.
www.connexions.gov.uk /partnerships/IcantdothatcanI/i_jod.htm   (2709 words)

  
 House of Commons Standing Cttee on Delegated Legislation (pt 1)
We must have in place some means for rehabilitation, not least because we know that having a job is the greatest indicator that someone who has offended will not reoffend.
That is what the exceptions to the Rehabilitation of Offenders Act 1974 are about, and the order will extend those exceptions.
As long as the Act has been place, there has been a list of positions for which the offender, even if his or her conviction under the Act is spent, cannot escape his or her past.
www.publications.parliament.uk /pa/cm200203/cmstand/deleg9/st030313/30313s01.htm   (2016 words)

  
 Rehabilitation of Offenders Act 1974
If you are convicted during the rehabilitation period of an offence which can only be tried by a magistrates' court, the new sentence will carry its own rehabilitation period and will not affect the earlier one.
The Rehabilitation of Offenders Act 1974 is often criticised for the many and wide exceptions made to its general principles.
A number of professions, occupations and offices have been excepted from the Rehabilitation of Offenders Act's general rule that a person does not have to disclose a spent conviction.
www.fireservice.co.uk /recruitment/rehabilitation.php   (1218 words)

  
 Criminal law aspects / Rehabilitation of Offenders Act / a general note   (Site not responding. Last check: 2007-11-01)
The general rule is that spent convictions must be ignored for all purposes (see Criminal law aspects/Rehabilitation of Offenders Act/effect of rehabilitation).
Most, but not all, of these exceptions (essentially jobs with special responsibilities to the general public) are those listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order, SI 1975/1023, as amended (see Criminal law aspects/Rehabilitation of Offenders Act/exceptions).
A general Home Office consultation on the Rehabilitation of Offenders Act, July 2002 ("Breaking the Circle" - 103 pages) was published in July 2002 (there is an Home Office explanatory summary of the consultation on the Home Office web-site).
www.emplaw.co.uk /free/4frame/data/087001.htm   (590 words)

  
 Translation services, translation jobs, and freelance translators
The ability to ask an exempted question is made possible by virtue of the Exceptions Order to the Rehabilitation of Offenders Act.
The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become \'spent\', or ignored, after a \'rehabilitation period\'.
A conviction is described as unspent if the rehabilitation period associated with it has not yet lapsed.
www.proz.com /?sp=mt&eid_s=32012&float=y&glossary=6065   (925 words)

  
 REHABILITATION OF OFFENDERS ACT 1974
The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become ‘spent’ or forgotten after a ‘rehabilitation period’.
For cashiering, discharge with ignominy, for discharge with disgrace:
** It is immaterial for the purposes of calculating a rehabilitation period whether a sentence is suspended or not.
www.accordha.org.uk /about/rehabilitation_of_offenders_act_.htm   (420 words)

  
 The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003
Proceedings before the Scottish Commission for the Regulation of Care under the 2001 Act in respect of applications for registration under sections 7 or 8 of that Act or variation or removal of a condition, or cancellation of registration under section 14 of that Act.
Her Majesty's Inspectors or any person appointed by the Scottish Ministers for the purposes of section 66 of the Education (Scotland) Act 1980[30] or section 9 of the Standards in Scotland's Schools etc. Act 2000[31].
Section 4(2)(a) and (b) of the Act (which relates to questions asked about criminal convictions otherwise than in the course of judicial proceedings) is excluded in relation to questions put in the circumstances set out in Schedule 3 (article 4).
www.opsi.gov.uk /legislation/scotland/ssi2003/20030231.htm   (5245 words)

  
 Protection of Children Act 1999 Civil & Corporate   (Site not responding. Last check: 2007-11-01)
This Order is the third commencement order made under the Protection of Children Act 1999.
It brings into force on 12th March 2002 section 8 of the Act.
Section 8 amends sections 113 and 115 of the Police Act 1997 (c.50), which relate to criminal record certificates that may be issued under that Act.
www.civilandcorporate.co.uk /legislation-detail-poca.html   (547 words)

  
 Newport City Learning - School Vacancies
If the post for which you are applying is exempt from the above Act as it is covered by the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), you will be required to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent.
If the post for which you are applying requires you to have substantial contact with children, then you are required, under the Rehabilitation of Offenders Act 1974 (Exemptions) Order 1975 (as amended), to reveal any criminal convictions, bindovers or cautions, including those which would normally be regarded as spent, as detailed above.
Part 5 of this Act includes measures to enable all organisations in England and Wales, irrespective of whether they are likely to ask exempted questions under the Rehabilitation of Offenders Act, to obtain criminal record information about prospective employees and volunteers.
www.newport.gov.uk /_dc/index.cfm?fuseaction=schools.jobs&contentid=DevXP002113   (492 words)

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