what is a unspent criminal conviction?

Answer 1

The Rehabilitation of Offenders Act 1974 applies to all types of sentence, whether it is a term of imprisonment, a fine, probation, absolute or conditional discharge, findings in a juvenile court that an offence has been committed, and convictions of certain offences in service disciplinary proceedings.

The length of the rehabilitation period depends on the sentence and runs from the date of the conviction. When the relevant rehabilitation period has expired, the conviction becomes 'spent' and usually will not need to be disclosed in the future, for example, when you are applying for a job, completing an insurance proposal form, or applying for credit facilities or a tenancy of property.

Rehabilitation Period per Sentence:

Prison for more than two and a half years - never
Prison for more than six months but less than two and a half years - 10 years
Prison for six months or less - 7 years
Fine - 5 years
Dismissal with disgrace from Her Majesty's service - 10 years
Dismissal from Her Majesty's service - 7 years
Detention in respect of conviction in service disciplinary proceedings - 5 years
Borstal - 7 years
Detention for over six months but less than two and a half years - 5 years
Detention for six months or less - 3 years
Probation - 5 years
Hospital order under Mental Health Act 1983 - 5 years
or 2 years after order ceases to have effect, whichever is
the longer
Absolute discharge - 6 months
Conditional discharge, probation order, binding over,
care order, supervision order - 1 year after conviction of
the order or 1 year after the order ends, whichever is the longer
Disqualification - The period of disqualification

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

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.

• Detention during Her Majesty's pleasure or for life.

If you are convicted during the rehabilitation period of an offence which can only be tried by a magistrates'court, the new sentence will carry its own rehabilitation period and will not affect the earlier one. If the second offence is more serious and you receive a sentence covered by the Rehabilitation of Offenders Act 1974 , the earlier conviction will become spent only when the later one becomes spent. If a person is given a sentence which can never become spent, this also prevents an earlier unspent conviction from becoming spent.

It should be noted that it is the length of the sentence imposed by the court which is relevant and not, for example, the length of time actually served in prison. A sentence counts in the same way whether you are actually sent to prison or the sentence is suspended.

Where a person receives two or more prison sentences in the course of the same court case, the rehabilitation period depends on whether the sentences are ordered to take effect concurrently - at the same time - or consecutively - one after another. As an example of what is meant by this, if two six-month sentences are concurrent, the offences are treated separately, giving each conviction a rehabilitation period of seven years. However, if the sentence is consecutive, they are treated as a single term of twelve months, with a rehabilitation period of ten years.

Probably more than you asked for, but there you are!

Answer 2

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Answer 3

The Disclosure documentation deals with spent and unspent convictions. As stated longwindedly above convictions are considered spent after a varying period of time, depending on sentence. Those which are not are unspent.

Answer 4

Convictions have a period of time after which they can not be quoted or refered to in Court. After that period of time they are still recorded but can't be used against you in Court as a previous conviction. Those are called "spent convictions."

I have never heard anyone use the expression "unspent" after 27 years in law but I can only assume they mean one which is not spent.

Answer 5

Under the rehabilitation of offenders act convictions are spent in other words don't have to be declared when seeking most employments after varying periods.If the conviction is still liable to be declared it is unspent and must be declared.

Answer 6

I think - that it is a person who has been remanded in custody for a long time. Then on the day of the court/trial the judge deems that they have served their sentence and lets them go free ergo - unspent conviction. Hope that this helps?!

Answer 7

Criminal Records Search Database : http://www.SearchVerifyInfos.com/Official

Answer 8

I worked in my county's court system for over 26 years and never heard of this before. Are you sure that you heard right?