‘My wife was convicted of theft some twenty+ years ago and I’m concerned that she still needs to declare this on insurance applications and the like. Is there a statute of limitations that applies to this sort of disclosure?’
This is typical of a question that I am asked from time to time.
The answer is ‘it depends’.
The Rehabilitation of Offenders Act 1974 provides that in certain circumstances, after a period of time (‘the Rehabilitation Period’ - which varies – I’ll come to that), many past convictions may be regarded as ‘spent’.
The conditions
1 sentence not excluded from rehabilitation (generally, a sentence of life imprisonment, or of imprisonment for more than 30 months is excluded)
2 No further convictions during Rehabilitation Period where the sentence for that later offence is excluded
3 The sentence must have been complied with (other than eg actual payment of a fine)
The Rehabilitation Period
· Imprisonment for more than 6 and no more than 30 months – Rehabilitation Period 10 years (reduced by half where under 18 at the date of conviction)
· Imprisonment for no more than 6 months – Rehabilitation Period 7 years (reduced by half where under 18 at the date of conviction)
· A fine or other sentence (this includes a driving licence endorsement) – Rehabilitation Period 5 years (reduced by half where under 18 at the date of conviction)
· Absolute discharge – Rehabilitation Period 6 months
· Conditional Discharge - Rehabilitation Period 12 months (or when conditional discharge ends, if later)
· Probation – Rehabilitation Period 5 years from date of conviction (where under 18, 30 months, or (if later) when the probation order ends)
A further conviction during the Rehabilitation Period will in some circumstances extend the Rehabilitation Period to the end of the Rehabilitation Period for the later offence.
Meaning of ‘spent’
Once a conviction is ‘spent’, you are treated for all purposes in law as someone who has not committed the offence, unless some specific legal provision says otherwise.
In any future Court proceedings:
· no evidence of the spent conviction is admissible, and you are not required to answer any question relating to your past which cannot be answered without referring to the earlier spent conviction.
Outside the Courtroom:
· any questions put to you about offences are to be treated as not referring to spent convictions (so if asked if you have been convicted of an offence, so far as a spent conviction is concerned yu may legitimately answer ‘no’)
· any obligation to disclose matters does not extend to spent convictions
· a spent conviction may not be regarded as justification for dismissal or exclusion from any profession or employment
Other points
In Great Britain, the Act treats convictions of foreign courts as spent according to the same rules.
Remember this is an overview only! If you need to know specifically if the Act applies to you, you should seek advice!
I'd really appreciate your feedback on this FAQ - so mail me and tell me what you think of it, if it's been useful to you, or let me know of any specific problem you have where I may be able to help.
This page was last updated on 12th August 2002
No liability is accepted for any inaccuracy in the information in these pages - see full disclaimer
© Roger Sinclair & Egos Ltd – roger@egos.co.uk 2002 - All rights reserved - see full copyright details
The information on these pages is provided free and for information only, and is provided 'as is'. Whilst believed to be correct, it is in no way comprehensive. It is provided for your interest only and is not intended to be relied on as formal legal advice. The posting of information on these pages is not intended to create a lawyer-client relationship, and you should not act or rely on this information without seeking professional advice. No liability is accepted therefore for any errors, or for any losses that may be incurred if it is relied on.
You may read these pages on-line, and
download them to read later, for your own personal use.
This copyright notice must appear on every page that you print from here.
You must not redistribute these pages or any part of them in any form or medium
without first obtaining my consent.
You are welcome to set up links to this website from others.