The Answer
Section 193 of the Police, Crime, Sentencing and Courts Act 2022 came into force 28 October 2023. This legislation means that criminal convictions will now be spent after a shorter period. Employees will therefore have a shorter timeframe to disclose any custodial convictions to their employer prior to them becoming spent. The purpose of this is to allow employees with convictions the opportunity to get back into the workforce.
The Risk/ Threat
Employers must become aware of these new shorter time periods to prevent them falling foul of this new legislation, and being taken to an Employment Tribunal by a new employee.
Rehabilitation Periods Prior to Amendments
- Community order: One year beginning from the last day on which the order had effect
- Custody of six months or less: Two years
- Custody of more than six months and up to 30 months: Four years
- Custody of more than 30 months and up to four years: Seven years
For offences in which the custodial sentence lasted more than four years, the conviction was never spent.
Rehabilitation Periods Under New Legislation
- Community order: The last day on which the order had effect
- Custody of one year or less: One year
- Custody of more than one year and up to four years: Four years
- Custody of more than four years: Seven years (other than serious sexual, violent, and terrorist offences)
What You Need To Do
Employers should carefully assess the type of conviction they’re dealing with, the previous disclosure period, and the new period set out by current legislation. The new timeframes could be extended in event of a person reoffending during the declared period. New convictions will have to be disclosed until the end of the declaration period, and will apply to the most recent conviction.
The above time periods are relating to offenders over the age of 18 at the date of conviction. For any offenders under the age of 18 at the time of conviction, the period of required disclosure could be different, and is often shorter. Employees should now update their systems and documents to reflect these new time periods. It is also worth noting this legislation will not affect positions where a basic or enhanced DBS check is essential.
If you require any further assistance, please do not hesitate to contact the Quest Advice Line Team on 01455 852 028.
