Rehabilitation of Offenders
On 28th October 2023 provisions in the Police, Crime, Sentencing and Courts Act 2022 came into effect, enacting changes to the laws in relation to the rehabilitation of offenders.
These amendments extend the scope of the Rehabilitation of Offenders At as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become spent, unless imposed in respect of certain offences.
It also amends the times at which different sentences may become spent and makes provision on the face of the ROA for the rehabilitation periods that apply to certain orders on conviction.
The government states that over 120,000 former offenders will find it easier to get work and turn their lives away from crime following this change in the law.
Key Changes
Custodial sentences of four years or more years for less serious crimes become ‘spent’ after a seven-year period of rehabilitation, as long as no further offence is committed.
Some of the more serious sexual, violent, and terrorist offences are excluded from these changes.
The new rehabilitation periods are as follows:
| Sentence | Adults | Under 18s |
| (Adult) Community Order/Youth Rehabilitation Order | The last day on which the order has effect | The last day on which the order has effect |
| Custody of 1 year or less | 1 year | 6 months |
| Custody of more than 1 year and up to 4 years | 4 years | 2 years |
| Custody of more than 4 years* | 7 years | 3.5 years |
*excluding serious sexual, violent, or terrorist offences, that continue to never be spent
Previous rehabilitation periods were:
| Sentence | Adults | Under 18s |
| (Adult) Community Order/Youth Rehabilitation Order | 1 year beginning with the last day on which the order has effect | 6 months beginning with the last day on which the order has effect |
| Custody of 6 months or less | 2 years | 18 months |
| Custody of more than 6 months and up to 30 months | 4 years | 2 years |
| Custody of more than 30 months and up to 4 years | 7 years | 3.5 years |
| Custody of more than 4 years | Conviction is never spent | Conviction is never spent |
The actual detail of these changes can be quite complex, so do not hesitate to contact us to discuss the direct implications of these changes on your own circumstances.
How can we help?
We ensure we keep up to date with any changes in legislation and case law so that we are always best placed to advise you properly. If you would like to discuss any aspect of your case, please contact us on 0208 309 5010 or email newenquiries@nelson-guest.co.uk.
Image credit: "New Beginning" by Melody Campbell is licensed under CC BY 2.0.