Spent Convictions

Discussion in 'Finance, Property, Law' started by _Artemis_, Apr 29, 2009.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. I'm filling in a form that wants me to list when I've been bad (and been caught), but which says I don't need to list convictions that are "spent under the Rehabilitation of Offenders Act 1974".

    So, my question to you fine folk of the legal forum is: When does a conviction count as "spent"?
  2. Relevant Rehabilitation Periods

    Sentence Rehabilitation Period

    Prison for more than 2 ½ years : Never

    Prison, youth custody or corrective training for more than 6 months but no more than 2 ½ years: 10 years*

    Dismissal with disgrace from Her Majesty's service: 10 years*

    A sentence of Borstal training: 7 years

    Prison for 6 months or less: 7 years*

    Dismissal from Her Majesty's service 7 years*

    Imprisonment or detention in YOI for 6 months or less: 7 years*

    Detention in respect of conviction in service disciplinary proceedings: 5 years*

    (Most) fines 5 years*

    Probation order or community order (person 18 or older): 5 years

    Probation order or community order (person under 18): Either 2 ½ years from conviction, or until the order ceases to have effect – whichever is the longer

    Hospital order under Mental Health Act 1984: Either 5 years, or 2 years after order ceases to have effect, whichever is the longer.

    Young offender detention for 6months or less: 3 years

    Conditional discharge, binding over,care order, supervision order, reception order: Either 1 year after making of order, or 1 year after the order ends, whichever is the longer

    Absolute discharge: 6 months

    Disqualification: The period of disqualification

    *Note: These periods are reduced by half if the offender was under eighteen at the date of conviction.

    Excluded Sentences

    Convictions resulting in the following sentences can never become spent:

    · A sentence of imprisonment, youth custody detention in a young offender institution or corrective training, for a term of more than two and a half years.
    · A sentence of imprisonment for life
    · A sentence of preventive detention.
    · A sentence of imprisonment or detention for public protection, or an extended sentence under the Criminal Justice Act 2003
    · Detention during Her Majesty’s pleasure or for life, or a sentence of custody for life.
    · A sentence of detention for more than two and a half years in the case of a youth convicted of a grave crime
    · Certain court-martial and military punishments.

    You should be convicted of not being able to Google though.
  3. Cheers for the info guys - I got zapped for speeding, convicted by post and given the option to do a speed awareness workshop rather than get penalty points. That seems too specific to be covered by the information you've kindly provided, so I'll probably have to go to the CAB or similar.
  4. You don't need to list speeding fines/points etc in those circumstances IIRC.
  5. They're asking for all convictions, including motoring offences but excluding parking tickets, so that probably means include it?
  6. Well if it says including motoring offences why even ask the question? :D

    It's better to list it than not list it.
  7. Because it says not to list spent convictions, hence the qu :)
  8. I'm in just the same boat.
    Stainless record - apart from being GATSO'd ten years ago.
    Applying for a technical post in a Hospital, form said list all convictions, inc. motoring, not inc. parking.
    Does a speeding FPN ever become 'spent'?
    How much detail should I give them? How great the fine, how many points, the precise date etc. ?
  9. IIRC penalty points representative of a speeding conviction are spent over three years and can be removed after four (by the DVLA)
  10. best to do full disclosure ie date/charge/sentence
    they'll find it out anyway once they do the checks

    so if its included - you're a berk(for your past aciotns), but an honest one
    if its omitted - you've something to hide and are an untrustworthy toerag!
    (as explained to me by our security services manager)
  11. If you do the speed awareness course you ain't convicted. At least according to the instructor who led my course.