UK Act of Parliament 1974 United Kingdom

Rehabilitation of Offenders Act 1974

An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
DBS, Forestry Commission
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 5 obligations carry imprisonment (6 months). 2 carry different penalties and 1 has no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person4 Employer1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
TULRCA 1992 72 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.009 Unauthorized disclosure of spent convictions. (opens in a new tab) Imprisonment
  • Improperly disclose or obtain spent conviction recordsAny Person
s.009 Unauthorised disclosure of spent cautions Imprisonment
  • Unlawfully disclose or obtain a person's spent cautionAny Person
s.009 Unauthorised disclosure of spent alternatives to prosecution: Scotland Imprisonment
  • Improperly obtain or disclose spent Scottish criminal recordsAny Person
25 other provisions — procedural and definitional
s.001 Rehabilitated Protected persons and spent convictions. (opens in a new tab)
s.002 Rehabilitation of persons dealt with in service disciplinary proceedings. (opens in a new tab)
s.003 Special provision with respect to certain disposals by children’s hearings .... (opens in a new tab)
s.004 Effect of rehabilitation becoming a protected person. (opens in a new tab)
s.005 Rehabilitation periods for particular sentences. (opens in a new tab)
s.005 Table A – disclosure periods: ordinary cases
s.005 Table B – disclosure periods: service disciplinary sentences
s.005 Disclosure period: caution for good behaviour
s.005 Disclosure period: particular court orders
s.005 Disclosure period: adjournment or deferral
s.005 Disclosure period for certain mental health orders
s.005 Disclosure period: compulsion orders
s.005 Disclosure period: orders relating to juvenile offenders
s.005 Disclosure period: service disciplinary orders
s.005 Sentences to which no disclosure period applies
s.006 The rehabilitation disclosure period applicable to a conviction. (opens in a new tab)
s.007 Limitations on rehabilitation under this Act, etc. (opens in a new tab)
s.008 Defamation actions. (opens in a new tab)
s.008 Protection afforded to spent cautions
s.008 Protection afforded to spent alternatives to prosecution
s.008 Protection afforded to spent alternatives to prosecution: Scotland
s.008 Modification of section 8B and schedule 3: Scotland
s.010 Orders. (opens in a new tab)
s.010 Order-making powers: Scottish Ministers
s.011 Citation, commencement and extent. (opens in a new tab)
Schedules

Schedules

2 of 25 shown
s.sch001 Any offence under section 68 (attempt to commit military offence)... Regulated
  • Attempt, aid, abet, or incite a military offenceAny Person
s.sch003 (1) A person who is given an alternative to prosecution... Regulated
  • Treat spent alternatives to prosecution as if they never occurredEmployer
23 other schedules
s.sch001 Section 6(4): service disciplinary convictions (opens in a new tab)
s.sch001 Any conviction for an offence mentioned in this Schedule is...
s.sch001 Any offence under any of the provisions of the Army...
s.sch001 Any offence under section 68 (attempt to commit air-force offence)...
s.sch001 Any offence under any of the provisions of the Naval...
s.sch001 Any offence under section 40 (attempt to commit naval offence)...
s.sch001 Any service offence within the meaning of the Armed Forces...
s.sch002 Protection for spent cautions (opens in a new tab)
s.sch002 (1) For the purposes of this Schedule a caution shall...
s.sch002 (1) In this Schedule “ ancillary circumstances ”, in relation...
s.sch002 (1) A person who is given a caution for an...
s.sch002 The Secretary of State may by order—
s.sch002 Nothing in paragraph 3 affects— (a) the operation of the...
s.sch002 (1) Section 7(2), (3) and (4) apply for the purposes...
s.sch003 PROTECTION FOR SPENT ALTERNATIVES TO PROSECUTION: SCOTLAND (opens in a new tab)
s.sch003 (1) For the purposes of this Act, an alternative to...
s.sch003 (1) In this Schedule, “ ancillary circumstances ”, in relation...
s.sch003 (1) This paragraph applies where a person (“A”) is asked...
s.sch003 (1) An obligation imposed on a person (“A”) by a...
s.sch003 The Scottish Ministers may by order— (a) exclude or modify...
s.sch003 Paragraphs 3 to 5 do not affect—
s.sch003 (1) Section 7(2), (3) and (4) apply for the purpose...
s.sch003 (1) The powers conferred on the Scottish Ministers by—

Help complying

Guvnor’s practical routes through this instrument.

Start a healthcare business

Launch a healthcare or social care business with CQC registration

Run a healthcare business

Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations
1 more guide that reference this instrument
DBS checks for employers

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.