The problem
Unlock has long campaigned for fundamental changes to the Rehabilitation of Offenders Act 1974 (ROA), which is the principal legislation that governs the disclosure of criminal records to employers, educational institutions, insurers and housing providers. We believe that the Act is in need of wholesale reform by way of a government review.
Fifty years on the world has changed, but the ROA is still the basis of the criminal records system.
The rules have become increasingly complex
The ROA and accompanying Exceptions Order have been amended multiple times over the last 50 years. Even though many of those changes have been positive, the piecemeal changes have resulted in an overly complex legislative framework. It is difficult for people with criminal records and employers to understand when offences have become spent, or when and how to legally check someone’s criminal record. This means mistakes are inevitable – with people either over or under disclosing information about their criminal record and employers inadvertently collecting information they have no right to.
The internet has changed everything
The explosion of the internet along with the digitisation of information now means it is practically impossible to be forgotten in the internet age. Just the example of news media now being online means that news stories are now available to all, forever. Therefore, someone’s past convictions can easily be searched for, even if they have a legal right not to disclose them.
Millions more people face the barrier of criminal records today
In 1974 it was estimated around 1 million people with criminal records would be helped by the Act. Today we have over 12.5 million people with criminal records in the UK. This means millions more people are facing barriers to employment, education, housing and things like insurance.
We are calling for
- A fair and proportionate system
- An effective system in practice
- A clear and transparent system
Some examples of the changes we believe need to be made are:
- A new distinct criminal record system for childhood offences
- Cautions to become protected, so they are not disclosed on Standard or Enhanced checks
- Short prison sentences to be able to become protected, so they are not disclosed on Standard or Enhanced checks
- Suspended prison sentences to be able to become protected so they are not disclosed on Standard or Enhanced checks
Our policy manifesto sets out the changes we are calling for in more detail: Unlocking change.
It is time the government committed to fundamental reform of the Rehabilitation of Offenders Act 1974, ensuring that more people benefit, sooner, and that the legislation effectively protects against discrimination.
What we’re doing
The #FairChecks movement pushes for reform of criminal record checks – sign up and support us.
Latest news
See the bottom of this page for our latest posts about this issue.
You can also find below the latest from Twitter, using the hashtag #ROAAt50
Useful links, resources and publications
The 50th anniversary of the ROA
Our original campaign – what we achieved
‘Debt to society’ or ‘moral mortgage’? Criminal records and the unintended consequences of the Rehabilitation of Offenders Act 1974 (Andrew Henley, 2016)
For more information
- Practical self-help information – We have guidance on the Rehabilitation of Offenders Act on our information site
- Personal experiences – We have posts relating to reform of the ROA on our online magazine, theRecord
- Discuss this issue – Share your views and experiences on our online forum