Spent Convictions in UK Law

Leading Cases
  • Thomas v Commissioner of Police of the Metropolis
    • Court of Appeal (Civil Division)
    • 28 Noviembre 1996

    As to the spent convictions issue, the starting point, in my judgment, should be the purpose of the 1974 Act and the language of section 7(3). The Act was intended to allow persons convicted of the less serious offences to become, after a suitable period of time, rehabilitated. It was intended to allow the stain of the conviction to be wiped from the record. The language of section 7(3) is entirely consistent with that purpose.

    But the approach established in criminal cases is not, in my judgment, an appropriate approach in civil cases.

  • R v Nye
    • Court of Appeal (Criminal Division)
    • 19 Febrero 1982

    In our view, when this question arises, it is entirely a question for the discretion of the judge. It may well be that the past spent conviction, as was instanced in argument, happened when the defendant being tried was a juvenile, for instance for stealing apples, a conviction of many years before. The essence of this matter is that the jury must not be misled and no lie must be told to them about this matter.

  • Re the Solicitors Act 1974, No 13 of 2008
    • Court of Appeal (Civil Division)
    • 10 Julio 2008

    It would also have to render private convictions that were matters of public record and may well have been, as in this case, reported in the press. Notwithstanding the obvious practical difficulty of rendering secret a public judgment which had been freely and properly reported in the press, the Act does not purport to have that effect and does not, in my opinion, do so.

  • R (on the application of T) v Chief Constable of Greater Manchester
    • Supreme Court
    • 18 Junio 2014

    That is so, as the court explained in MM, because of the cumulative effect of the failure to draw any distinction on the basis of the nature of the offence, the disposal in the case, the time which has elapsed since the offence took place or the relevance of the data to the employment sought, and the absence of any mechanism for independent review of a decision to disclose data under section 113A.

  • YA v London Borough of Hammersmith and Fulham
    • Queen's Bench Division (Administrative Court)
    • 27 Julio 2016

    Section 4 (1) (a) also refers to the prohibition relating to a person who has 'committed or been charged with or prosecuted for or convicted of or sentenced for any offence…'. It is necessary in section 4 (1) (b) to refer to 'any circumstances ancillary thereto' because the drafting of the section only uses the word 'conviction' and this makes it clear that the prohibition is wider than just the conviction itself.

  • R (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department intervening)
    • Supreme Court
    • 29 Octubre 2009

    As to the first issue, I am firmly of the view that article 8 is engaged in this case.

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Legislation
  • Rehabilitation of Offenders Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ......, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith. . ... S-1 . Rehabilitated persons and spent convictions. 1 Rehabilitated persons and spent convictions. . (1) ......
  • Management of Offenders (Scotland) Act 2019
    • Scotland
    • 1 de Enero de 2019
    ...... provision about periods and processes as regards disclosure of convictions by offenders; and to make provision concerning particular aspects of the ...) the conviction is, for the purposes of this Act, to be treated as spent. . (1B) But where the disclosure period so applicable expired before ......
  • Air Weapons and Licensing (Scotland) Act 2015
    • Scotland
    • 1 de Enero de 2015
    ...... S-52 . Relevant offences and foreign offences: spent convictions 52 Relevant offences and foreign offences: spent convictions ......
  • Criminal Justice and Immigration Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ......2003 (c. 44) . . (appeals where previous convictions set aside), for subsection (1) substitute— . ‘(1) This section ... under subsection (2) above would have little or no effect on time spent in custody, taking into account all the circumstances of the particular ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter HMOWTR3130
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... offences, Rehabilitation of Offenders Act 1974 enables criminalconvictions to become spent or ignored after a specific period of time. Prison ......
  • Chapter TOBPMMLS4300
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Service (DBS) check to ascertain whether they have any relevant unspent convictions. An ‘unspent’ conviction is one that has not expired under ......
  • Chapter AWRS50200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... key persons involved in the business have no criminal convictions which are relevant, for example, offences involving any dishonesty or ... activity - HMRC will normally disregard convictions that are spent provided there are no wider indications that the person in question ......
  • Chapter TOBPMMLS4100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... key persons involved in the business have no criminal convictions which are relevant, for example, offences involving any dishonesty or ... criminal activity - we will normally disregard convictions that are spent provided there are no wider indications that the person in question ......
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