UK Act of Parliament 1974 United Kingdom

Rehabilitation of Offenders Act 1974

What this means for your business

1 obligations
1 penalties
1 can imprison
1 guides
Enforced by
Forestry Commission
Applies to
United Kingdom
On this page
1 compliance obligation, 1 practical guide
Read full text on legislation.gov.uk

What you must do

1 compliance obligation under this legislation — 1 can result in imprisonment.

Offences and prohibitions 1

Unauthorised disclosure of spent convictions

6 months imprisonment

If someone who has access to an official record (for example, a court, police or government body) tells anyone that a rehabilitated person has a spent conviction – or obtains that information by fraud, dishonesty or bribe – they commit a criminal offence. On conviction they face a fine (up to an unlimited amount) and, in the case of obtaining the information by fraud, up to six months in prison. The case will be heard in the Magistrates' Court.

Any Person s.9 Forestry Commission

Penalties for non-compliance

1 penalty under this legislation. 1 can result in imprisonment. 1 carry an unlimited fine.

Prison risk

Unauthorised disclosure of spent convictions

Unlimited fine and/or 6 months imprisonment

Summary only s.9 Penalises: Unauthorised disclosure of spent convictions

Practical guidance

Our guides explain how to comply with the requirements above.

DBS checks for employers

When and how to request Disclosure and Barring Service (DBS) checks for employees. Includes check types, fees, regulated activity rules, …

Sections and provisions

31 classified provisions from this legislation.

5 Offences and penalties 8 Powers 12 Definitions 2 Exemptions

Offences and penalties 5

  • s.2 Rehabilitation of persons dealt with in service disciplinary proceedings.
  • s.9 Unauthorized disclosure of spent convictions.
  • s.9B Unauthorised disclosure of spent alternatives to prosecution: Scotland
  • s.9A Unauthorised disclosure of spent cautions
  • Schedule 1 Section 6(4): service disciplinary convictions

Powers 8

  • s.4 Effect of rehabilitation becoming a protected person.
  • s.5 Rehabilitation periods for particular sentences.
  • s.7 Limitations on rehabilitation under this Act, etc.
  • s.8C Modification of section 8B and schedule 3: Scotland
  • s.10A Order-making powers: Scottish Ministers
  • s.10 Orders.
  • Schedule 2 Protection for spent cautions
  • Schedule 3 PROTECTION FOR SPENT ALTERNATIVES TO PROSECUTION: SCOTLAND

Definitions 12

  • s.3 Special provision with respect to certain disposals by children’s hearings .... relevant person
  • s.5F Disclosure period for certain mental health orders
  • s.5D Disclosure period: particular court orders
  • s.5A Table A – disclosure periods: ordinary cases
  • s.5E Disclosure period: adjournment or deferral
  • s.5H Disclosure period: orders relating to juvenile offenders
  • s.5G Disclosure period: compulsion orders
  • s.5J Sentences to which no disclosure period applies
  • s.6 The rehabilitation disclosure period applicable to a conviction.
  • s.8B Protection afforded to spent alternatives to prosecution: Scotland
  • s.8AA Protection afforded to spent alternatives to prosecution
  • s.8A Protection afforded to spent cautions caution

Exemptions 2

  • s.1 Rehabilitated Protected persons and spent convictions.
  • s.8 Defamation actions.