Institute of Licensing issues briefing note on Rehabilitation of Offenders Act
The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.
The briefing note examines the workings and impact of the 1974 Act and its application to licensing, together with the use of the Disclosure and Barring Service (DBS).
The IoL note suggests that modifications made by the Government in the last decade have reduced protection on society from criminals who reoffend, by introducing “protected convictions and cautions”, meaning that “even an enhanced DBS certificate will not reveal the full extent of a person’s criminal background”.
The Briefing Note has been endorsed by Lawyers in Local Government (LLG), the Welsh Local Government Association (WLGA) and the National Association of Licensing and Enforcement Officers (NALEO). The IoL has stressed that it does not constitute legal advice.
It was prepared by President James Button and Stephen Turner, Chair of the IoL's Suitability Guidance working group, in response to what they believe is “a need to provide some assistance”.
They note that although the 1974 Act and the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 have been in force and in use for almost 48 years, they remain a “confusing set of legislation”.
They add that both the 1974 Act and the Exceptions Order “have been amended many times - in the case of the Exceptions Order well over 50 times in the 48 years of its existence.”
IoL President James Button said: “The Rehabilitation of Offenders Act 1974 was passed to help some people who had made mistaken choices which resulted in a criminal conviction, which may then have a disproportionate effect on their lives.
“The Disclosure and Barring Service (DBS) was intended to protect society from recidivists by alerting employers, voluntary organisations, professional bodies and licensing organisations to the criminal background of those they were considering for engagement.
“Unfortunately, modifications made by the Government in the last decade have reduced that protection by introducing protected convictions and cautions. This means that even an enhanced DBS certificate, which is provided for the most sensitive of jobs and activities, will not reveal the full extent of a person’s criminal background.
“Inevitably, the law is complex, and this briefing note aims to make the position clearer for employers, employees and the general public. This is particularly important at a time when integrity of many in public office is being questioned.”
Lottie Winson
