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Overcoming the Stigma: Changes to the Laws in Relation to the 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 Forbes Solicitors 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 Craig Mackenzie.

The criminal defence lawyers at Forbes undertake all types of criminal law work from motoring offences to murder trials. Our large team of highly committed criminal lawyers operate on a national basis and are often instructed on high profile cases. This includes our serious business crime lawyers as well as the other specialists within our criminal law firm. We pride ourselves on ensuring you have access to the best criminal lawyers for your specific circumstances.

We operate a 24 hour on call rota 365 days a year so if you are arrested at any point of the day or night someone is always available to assist you from our criminal law solicitors' team.

Our clients choose us for our understanding and sympathetic approach. We are proactive and determined to offer you the best chance of success. Our experts can deal with your case from arrest at the police station through the court system and offer a professional and comprehensive criminal defence service.

Something special is required for serious and complex crime cases. The Solicitors in our Special Case Work Unit approach each case in the most determined and focused manner. We have substantial legal resources within our team of serious crime solicitors, and the latest technology available to us for the analysis, preparation and presentation of serious crime cases. The application of this tried and tested serious crime lawyers team-based system has produced impressive results.

Forbes Solicitors is approved by the Legal Aid Agency to conduct Very High Cost Cases and our complex crime solicitors have experience of a very wide range of serious and complex cases and Business Crime.

Instructions are received directly to the unit in Preston or through any of the Crime Departments other offices to offer the best local criminal lawyers to our clients. Whether you're looking for criminal law solicitors in Manchester, the North West of England, Birmingham, London or elsewhere in the country, our team can help.

For more information contact Craig MacKenzie in our Crime department via email or phone on 01772 220 022. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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