Updates to the Rehabilitation of Offenders Act (ROA): What You Need to Know

The Rehabilitation of Offenders Act (ROA) is set for some amendments come the 28th October 2023. These changes apply to the filtering rules used to determine what is disclosed on Basic, Standard, and Enhanced checks.  
 
Below is a detailed overview of these amendments along with common scenarios illustrating their impact.

Amendments to Basic, Standard, and Enhanced Checks: 

From 28th October 2023, custodial sentences over 4 years, which are not already excluded (such as life sentences or sentences of imprisonment for public protection), will have the possibility to become spent for the first time. 
 
However, to ensure public safety, this amendment doesn't apply to individuals sentenced to more than 4 years imprisonment following a conviction for any serious violent, sexual, or terrorist offences as listed in Schedule 18 of the Sentencing Act 2020.  

These convictions will continue to never become spent, and will therefore always be disclosed. 

Additionally, the rehabilitation periods for some disposals/sentences are set to be reduced. For instance: 

• Custodial sentences of more than 1 year and up to 4 years will now become spent 4 years after the end of the sentence. 

• Custodial sentences of up to 1 year will now become spent 1 year after the end of the sentence. 

• Community Orders and Youth Rehabilitation Orders will now become spent at the end of the order. 

Updates to Filtering Rules for Standard and Enhanced Checks: 

The filtering rules for Standard and Enhanced checks are changing, with all unspent records now being disclosed. This change means that in certain circumstances, some applicants will see additional unspent records being disclosed.  

The scenarios below demonstrate the most common circumstances in which additional records will now appear on Standard and Enhanced checks: 

• Scenario 1: Marvin, a support worker, has applied for a new Enhanced DBS check as part of his employer’s re-check policy. His new check shows a Restraining Order from 1998, which didn't appear in his previous checks due to its age and nature. 
   

• Scenario 2: Yasmin, who received a Youth Conditional Caution for shoplifting 2 weeks ago, will now have this caution disclosed on her new DBS certificate until it becomes spent in 3 months. 
   

• Scenario 3: Molly, convicted of Theft and Common Assault in 2001, applies for a job at a care home. Her Enhanced DBS check now discloses all information from her 2001 conviction due to an indefinite Restraining Order, a change from previous disclosure rules. 

General FAQs:

The following FAQS are those that have been raised most commonly with the DBS: 
 

1. Will my certificate be produced according to the old rules, or the new rules? / Does the date I submitted my application dictate which rules were used? 

The date on your certificate will tell you which rules have been applied to your check.  If the certificate is dated 28th October 2023 or later, then the new rules have been applied.  Certificates with any date before the 28th October will have been processed using the old rules. 

2. Why is less information now being disclosed on Basic DBS checks? / Why is the Rehabilitation of Offenders Act changing again? 

The changes to the ROA are designed to support ex-offenders to move on with their lives and enable them to contribute to society by having greater access to employment.   

3. Why are the ROA rules now being applied to Standard and Enhanced DBS checks? 

Previously, in some limited circumstances, there were records of unspent convictions and cautions that would be disclosed on Basic checks that wouldn’t appear on Standard and Enhanced checks.  Ensuring that all unspent records appear on all levels of DBS checks makes our products easier to understand and will ensure recruitment decisions can be made in light of all of the relevant information. 

4. Will these changes have any impact in Scotland and Northern Ireland? / Will this impact checks done by Disclosure Scotland and Access NI? 

No, these changes only apply to England and Wales.  Where changes are made in Scotland and Northern Ireland, they will be communicated to you by the relevant agency. 

We hope this overview provides a clear understanding of the forthcoming ROA amendments and their implications on the recruitment process. For more detailed insights, feel free to reach out to the DBS directly on 0300 0200 190. 

You can also view the updated guidance on the Ministry Of Justice’s website, here.