When is your candidate’s conviction classed as spent?
New legislation has come into force which will mean that criminal convictions will become ‘spent’ after a shorter time, reducing the period that individuals need to declare them to their employers.
Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came into force with effect from 28th October 2023 and makes the following key changes to the previous position on declaring custodial convictions:
Type of conviction | Previous length of time required to disclose following completion of sentence | New length of time required to disclose following completion of sentence |
Custodial sentences of over 4 years | Never spent | 7 years although certain offences are exempt and are never spent including offences classified in the Sentencing Code as ‘serious violent, sexual and terrorism offences’ |
Custodial sentence of between 2 ½ years and 4 years | 7 years | 4 years |
Custodial sentence of between 1 and 2 ½ years | 4 years | 4 years |
Custodial sentence of between 6 months and 1 year | 4 years | 1 year |
Custodial sentence of up to six months | 2 years | 1 year |
These new time periods will be extended in the event of re-offending during the declaration period.
The time periods of required disclosure are altered (and slightly lower) for each category where the offender was under the age of 18 at the time of conviction.
Employers should review any application forms and interview questions to make sure that these changes are reflected. The changes will not impact any roles where basic or enhanced DBS checks are required.
Contact Oliver to discuss this further.
