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Unlock Category: 2. Work and volunteering

Legally, need to disclose?

This page contains a flowchart that can help you to work out whether to you legally need to disclose when applying for work or volunteer positions. It’s part of our information on disclosing to employers.

needtodisclose
Click on the image to enlarge it

Footnotes in the flowchart

  1. However, it’s worth considering this practical situation a bit further. See our ‘to disclose or not to disclose’ information.
  2. See our separate information on how to work out whether your offences are ‘spent’. You can also visit www.disclosurecalculator.org.uk.
  3. However, these roles are more likely to still do a ‘check’ later in the recruitment process. See our ‘to disclose or not to disclose’ information.
  4. See our separate information on how to establish whether something will be ‘filtered’ by the DBS.

Pre 10th March 2014 guide to the Rehabilitation of Offenders Act 1974

Updates to the law

The Rehabilitation of Offenders Act 1974 (ROA) enables some criminal convictions to be not disclosed after a rehabilitation period. Its purpose is that people do not have to disclose a criminal conviction for long periods of time.

The ROA has been reformed as a result of changes in the law in 2012. These came into force on the 10th March 2014.

The changes are ‘retrospective’, which means they apply to convictions received before the 10th March 2014, and in most cases the rehabilitation periods are reduced, so you should start by reading our latest guidance, which is available here.

Why might you need to know what the old law was?

There are some examples where the rehabilitation period has lengthened as a result of the changes. This is particularly the case for:

  1. Further convictions for summary offences – these will now normally drag previously unspent convictions with them
  2. Youth rehabilitation orders (in some cases)
  3. Detention and Training Orders for 12-14 year olds

However, it’s important to realise that anything that was previously spent under the old law cannot now become unspent.

As a result, if you received any of the above sentences before 10th March 2014, you might also want to check the guidance below, as well as use the old version of our Disclosure Calculator (which is also still available).

If, under the old law, your convictions were regarded as spent before 10th March 2014, even if they would now be regarded as unspent under the new law, you’re allowed to treat them as spent convictions.

What is the Rehabilitation of Offenders Act 1974?

The rehabilitation period is automatically determined by the sentence, and starts from the date of the conviction. After this period free of further convictions, the conviction is “spent”, and with certain exceptions you are not obliged to mention a spent conviction in any context, including when applying for a job, or obtaining insurance, or in criminal or civil proceedings.

Certain professions are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job. These include :

  • Those working with children and other vulnerable groups, such as teachers and social workers
  • Those working in professions associated with the justice system, such as solicitor, police, court clerk, probation officer, prison officer and traffic warden
  • Doctors, dentists, chemists or nurses
  • Accountants

Positions that are exempt from the Act usually involve a standard or enhanced checks.

Coverage

The ROA only covers England and Wales. No other country is bound by this legislation. There are very similar (but not identical) provisions for Scotland and Northern Ireland, but these are not covered by this information.

Rehabilitation periods

The table below sets out the main sentences, orders and warnings and the ‘rehabilitation period’ attached to each. The period starts from the date of warning or conviction, unless otherwise stated.

The time it takes for a conviction to become ‘spent’ depends on the sentence given, not the offence committed (except for the offence of Loitering and Soliciting under the Policing and Crime Act 2009, where the period is six months).

For custodial sentences, the rehabilitation period is decided by using the sentence imposed at court, rather than the time served in custody.

Before selecting a particular sentence, please sure you look at any notes relating to that sentence underneath.

roacurrent

Notes on rehabilitation periods

  1. This has been replaced by the youth rehabilitation order.
  2. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles
  3. This was abolished in 1983.
  4. Care orders in criminal proceedings were abolished by the Children Act 1989 and effectively replaced by a supervision order with residence requirements.
  5. This was replaced by the community punishment and rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  6. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  7. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  8. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  9. This was replaced by the community punishment order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  10. This is an ancillary order which is treated as a sentence in its own right.
  11. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  12. This was abolished in 1988.
  13. This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20 years.
  14. This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20 years.
  15. This is an ancillary order which is treated as a sentence in its own right.
  16. This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
  17. This is a sentence, but it is not a penalty. It has a rehabilitation period of five years under a general sweep-up provision in the ROA which applies to sentences not otherwise specified.
  18. The rehabilitation period applies even if the offender is subsequently imprisoned for default of a fine.
  19. This is an ancillary order which is treated as a sentence in its own right.
  20. This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  21. This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
  22. This was abolished in 2000 and replaced by the detention and training order.
  23. This has been replaced by the youth rehabilitation order.
  24. To be piloted in six areas around the country from mid-2010.
  25. This was abolished in 1988.
  26. This was abolished in 1988.
  27. This replaces a number of orders for offences committed after 30 November 2009.

When the rehabilitation period starts

The rehabilitation period runs from the date of conviction. This is set out in s.5(2) of the Act, which states that the rehabilitation period (as defined in subsections (a) and (b)) are “reckoned in either case from the date of the conviction in respect of which the sentence was imposed”.

Where the sentence is not imposed on the date of conviction, there is potentially a period where you will not be aware of what the rehabilitation period for the conviction is until you receive your sentence. However, sentencing decisions, where they are not made on the date of conviction, usually follow relatively swiftly after it. The shortest rehabilitation period which is available where a conviction is imposed in front of a court is an absolute discharge, where the rehabilitation period is 6 months. It is unlikely that an individual would not have been sentenced by this point. The only exception to this is compensation orders, which become spent once paid, however it is highly unlikely that a court would simply sentence an individual to a compensation order alone.

When asked for details of unspent convictions, it is only the conviction that needs to be disclosed, not the rehabilitation period. Therefore, where you await sentence, you will need to disclose that conviction.

When the offence was committed does not influence the rehabilitation period.

For example, if you committed an offence in 2002 and were not convicted until 2010, the ‘rehabilitation period’ would run from 2010.

Disqualifications

The rehabilitation period for a disqualification is the length of the disqualification. If a person is disqualified (e.g. from driving or from being a company director) and at the same time receives another penalty, the longer of the two rehabilitation periods applies.

For example, if you are banned from driving for seven years and also fined, although the fine becomes spent after 5 years, the rehabilitation period for the conviction (including both the disqualification and fine) would be 7 years, not 5 years.

Endorsements and penalty points

Endorsements

Road traffic legislation does not specify how an endorsement is to be treated for the purposes of the ROA. The case of Power v Provincial is, therefore, the established authority that an endorsement is a sentence, not a penalty. The Court of Appeal said that it has a rehabilitation period of five years under a general sweep-up provision in the ROA, which applies to sentences not otherwise specified. How long the endorsement remains on the licence is irrelevant.

For example, if you are fined for drink driving and have your licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

Penalty points

Penalty points are considered under section 5(8) of the ROA. Section 29(2) of the Road Traffic Offenders Act 1988 provides for totting up of penalty points where offences are committed within three years of each other.

As a result, penalty points alone have a rehabilitation period of three years. However, penalty points are normally issued by courts in combination with a fine, which would mean that it would be 5 years.

Further convictions

If you are convicted of a minor offence (a ‘summary’ offence), which can be tried only in a magistrates’ court, the rehabilitation period for the further conviction will run separately – therefore, the rehabilitation period for the further offence could end before the rehabilitation period for the first offence. Summary offences include most motoring offences, criminal damage of £5,000 or less, drunkenness and kerb-crawling. More details can be found in the user guide of our Disclosure Calculator.

For example, if you received 100 hours community service (5 year disclosure period) and then one year later was fined for a minor offence (which could only be tried in a magistrates’ court, the community service conviction would become spent before the fine. Therefore, once the first conviction became spent, only the fine would need to be disclosed until it became spent.

If the second conviction is either triable either way (can be tried in either court), or indictable (i.e. can only be tried in the Crown Court), then neither conviction will become spent until the rehabilitation period for both is over. This applies even if the first conviction was for a summary offence. If the further conviction leads to a prison sentence of more than 30 months, neither conviction will ever become spent. Once a conviction becomes spent, it remains spent, even if you are subsequently convicted for further offences.

For example, if you received a fine and then one year later was convicted for a serious offence, both convictions would have to be disclosed until the fine became spent.

If, however, the first conviction leads to a prison sentence of more over 30 months, later convictions with fixed rehabilitation periods will become spent separately.

If the first offence was for loitering or soliciting and you are convicted again for the same offence, the rehabilitation period for the first offence will be extended by the second offence, even if the rehabilitation period for the first had expired. This is the only example where a previously spent conviction can become unspent.

Concurrent and consecutive sentences

If you receive two or more prison sentences in the course of the same proceedings, the rehabilitation period will depend on whether the sentences are ordered to run concurrently or consecutively.

Concurrent – Two sentences of 6 months to take effect concurrently are treated as one sentence of 6 months, and therefore have a disclosure period of 7 years.

Consecutive – Two prison sentences of 6 months ordered to run consecutively are treated as a single terms of 12 months, giving a rehabilitation period of 10 years.

Prison sentences ordered to run consecutively to sentences already being served are not affected by this rule.

Breach of court orders

If you are given a community order or conditional discharge order and are later brought before the courts for a breach of that order, this can affect the rehabilitation period applicable to the original conviction.

If the court imposes a further sentence when it deals with the breach, then the original conviction will run on until both rehabilitation periods have expired.

Sometimes the courts may not deal with the breach until after the rehabilitation period applying to the original conviction has already expired. If the court then imposes a further sentence in dealing with the breach, the original conviction will still not become spent until the new rehabilitation period has expired.

Military convictions

The ROA also applies to convictions in the armed forces, including some service offences (see below). However, if the service offence was of a kind which most people would not consider criminal (such as failing to salute an officer), the ROA only applies if the sentence was three months’ detention or more.

The service offences to which the Act always applies are:

Army and Air Force

Navy

LootingCorresponding with, supplying or serving the enemy
Offences relating to property of members of forcesLoss or waste of public and service property
Miscellaneous offences relating to propertyOffences relating to issues and decorations
Making of false statements on enlistmentFalse statements on entry
Making of false documentsFalsification of documents
Scandalous conduct by an officerCruelty or scandalous conduct by an officer
Disgraceful conductDisgraceful conduct

Other than those list above, the ROA only applies to service offences if the punishment awarded was imprisonment, cashiering, discharge with ignominy or dismissal with disgrace from HM Service; dismissal from HM Service; or detention for a term of three months or more. The rehabilitation periods for the various sentences are set out below.

Military sentence

Rehabilitation period

Cashiering, discharge with ignominy or dismissal with disgrace10 years (halved if under 18 at the time)
A sentence of dismissal7 years (halved if under 18 at the time)
A custodial order of more than 6 months (1)7 years (halved if under 18 at the time)
A sentence of detention in respect of conviction in service disciplinary proceedings5 years (halved if under 18 at the time)
A custodial order of 6 months or less (2)3 years (halved if under 18 at the time)
  1. Under the relevant schedules and sections of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 where the maximum period of detention is more than 6 months
  2. Under the relevant schedules and sections of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957 where the maximum period of detention specified is 6 months or less

Convictions obtained overseas

A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA.

For example, if you received a sentence of 10 months in prison whilst you lived in Australia, you would have to continue disclosing it in this country for 10 years after conviction, irrespective of what the disclosure periods are in Australia.

However, there is some confusion regarding what to do when a sentence given abroad doesn’t match with those in the ROA. We have spoken to the Ministry of Justice about this and have been informed that, where sentences received abroad do not match with those contained in the Act, the only way to approach it is to find a domestic sentence which is the nearest equivalent. This would appear to be something that you have to decide, as neither the Courts nor the Ministry of Justice operate a process for deciding this process on your behalf. If in doubt, contact the Ministry of Justice Policy team responsible for the ROA – email roa@justice.gsi.gov.uk.

More general information about convictions obtained overseas is available here.

Retention of criminal records

Your conviction will remain on record even after it has become spent – it will not be deleted from the Police National Computer.

Previously, there were mechanisms available where records of reportable offences (i.e. offences which can be tried in the Crown Court, whether or not they actually are) were deleted after 20 years, unless there were further convictions or if there is evidence of mental illness, indecency, drug trafficking or homicide. Records of non-reportable offences could be deleted after 10 years.

However, a Court of Appeal decision in October 2009 ruled that the indefinite retention of criminal records on the PNC was lawful. See the retention and deletion of police records for more information.

Cautions

Cautions, reprimands and final warnings are not criminal convictions and, until 2008, were not covered by the Act. This meant that, technically speaking, people with cautions, reprimands or final warnings, when asked whether they had a criminal record, should have disclosed them.

However, in December 2008, legislation was passed which rectified this rather strange anomaly. Part 4 of Schedule 27 of the Criminal Justice and Immigration Act 2008 states that a caution becomes spent immediately. Conditional cautions become spent after 3 months.

Benefits of the ROA

It means that if you are asked on an application form or at an interview whether you have any previous convictions, you can answer no if the convictions are spent and the job applied for is not an exception from the Act. Under the terms of the Act, a spent conviction shall not be proper grounds for not employing or for termination of employment.

However, if you do not disclose unspent convictions when asked to do so, you risk dismissal on the grounds of deceiving the employer and could face prosecution.

Also, the Act does not provide any means of enforcing your right to not be refused employment (or entry into a profession) on the grounds of a spent conviction. If, however, you can prove that you have been dismissed for a spent conviction and you have been in employment for two years or more, you may be able to claim unfair dismissal under employment legislation. Find out more about convictions and employment law.

Applying for insurance

If an insurance proposal form asks whether your have any previous convictions, the answer can be no if your convictions are spent. This is the case even if the insurer believes that the conviction is relevant to the risk which the insurers will underwrite. For example, spent motoring convictions can be omitted from a proposal form for motor insurance.

For more information about insurance, click here.

Civil proceedings

In civil proceedings, no one should be asked questions which might lead to disclosure of spent convictions. If such questions are asked, they need not be answered. However, this rule does not apply: –

  • in civil proceedings relating to children (adoption, guardianship, wardship, marriage, custody, care and control, schooling);
  • when the court is satisfied that justice cannot be done unless evidence of spent convictions is admitted (anyone who has spent convictions can always consent to evidence being given about them);
  • if the proceedings involve a matter excepted from the Act.

The rule on civil proceedings applies not only to ordinary courts, but also to arbitration proceedings, disciplinary proceedings before an administrative tribunal, and to a club committee which has powers to affect anyones rights, privileges, obligations, or liabilities.

Criminal proceedings

Previous convictions can be cited in criminal proceedings, even if they are spent. The Lord Chief Justice and the Home Office have, however, advised the Courts that spent convictions should not be mentioned except in very special circumstances.

Confidential information

The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. The Act makes it a more serious offence to obtain such information by means of fraud, dishonesty or bribe. However, as far as we are aware, nobody has been prosecuted for an offence under this section.

It might be possible for a person with spent convictions to sue for libel anyone making an allegation about spent convictions, if it can be proved that the allegation was made with malice.

Exceptions

Under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended, there are many offices, occupations and positions which are exempt from the Act.

In these situations, employers and professional bodes can ask you to disclose both spent and unspent convictions and, in addition, they can carry out a standard or enhanced check with the Disclosure & Barring Service.

More information about the DBS, and eligibility in particular, is available here.

Some of the main positions exempt from the ROA include:

  • any work which is defined as regulated activity relating to children or vulnerable adults within the meaning of the Safeguarding Vulnerable Groups Act 2006
  • certain professions, occupations, offices and employments in areas such as health, pharmacy, finance, the courts and the law
  • licences to drive taxis and to work in the private security industry

Application forms for posts which are exempt from the Act should always make this clear, although some employers claim that posts are exempt when they are not. If in doubt, seek advice.

Going abroad

The Act only covers England and Wales; other countries have their own rules about those to whom they will give visas and work permits. Embassies or overseas employment agencies should be able to provide information about this.

Working out if your record is spent

There are a number of ways in which you can find out when your record is spent. Click here for more information.

 

Video’s on disclosing to employers

Staffordshire and West Midlands CRC worked with Isore Media to produce a film called “Making your past pay”, which you should be able to watch below. There’s more details about the film on the SWMCRC website.

Red Kite Learning (which sadly closed in 2012) worked with Inside Job Productions to produce an innovate, interactive drama which aims to follow through the consequences of choices made by people with convictions when looking for employment. The film is based on the engaging story of one mans journey and the impact on his family, where the viewer can decide which course of action they want the main character to take at a number of critical points. With the kind permission of RKL, the video is available to view below.

“When do I need to tell employers about my criminal record” – ‘Easy Read’ guide on the ROA

As part of our range of information on the Rehabilitation of Offenders Act 1974, we have worked in partnership with KeyRing (with special thanks to Neisha Betts) to produce an Easy Read version of information on this subject. This is available to download by clicking the image below.

easyread

What is EasyRead?

‘Easy Read’ documents present information using simple words and pictures that make information easier to understand. The use of Easy Read is common-place in health and social care organizations, as well as other areas. It can help anyone with reading or comprehension difficulties, including those with learning disabilities, learning difficulties and also people for whom English is not their first language. Easy Read is classed as a ‘reasonable adjustment’ (The Equalities Act, 2010) as it helps to ensure people have access to the same information as others.

 

Differences between unspent and spent convictions


Aim of this information

This information sets out the differences between spent and unspent convictions.

Why is this important

It’s really important to know what the differences are between unspent and spent convictions. Specifically, so you are clear about what you legally need to disclose to employers, insurers and housing providers for example.

Introduction

Whether a criminal record is unspent or spent depends on the Rehabilitation of Offenders Act 1974.

The first thing you need to do is find out when your record is spent.

This page is also helpful in understanding the results you’ve received from theCalculator.



Convictions that are unspent

  • Unspent convictions will come back on all levels of criminal record check (basic, standard and enhanced).
  • If asked by an employer, you have to disclose convictions that are unspent. Many employers take on people with unspent convictions, but some might have policies or practices that mean you are refused employment.
  • If asked, you will have to disclose unspent convictions them when applying for products and services, such as insurance, a mortgage or renting a house.
  • You could be prosecuted if you fail to disclose them when asked.


Convictions that are spent

  • Spent convictions and cautions will not come back on a basic criminal record check.
  • For most jobs, you do not need to disclose spent convictions and cautions to an employer. These would be jobs that are covered by the Rehabilitation of Offenders Act 1974 and would only involve a basic check.
  • Some jobs and roles might involve a standard or enhanced criminal record check and these checks will normally show spent convictions and cautions so you will need to disclose these if the organisation is doing one of these checks.
  • Some spent cautions and convictions are removed from standard or enhanced checks if they meet a set of technical rules known as filtering. If your caution or conviction is now filtered, it will not show up on these checks and you do not need to disclose it when applying for any role that involves that level of check.
  • Most spent convictions and cautions will still appear on standard or enhanced checks, and employers that do these checks can use what comes back on the check and take it into account when making a recruiting decision if they believe it’s relevant to the role.
  • Spent convictions and cautions do not need to be disclosed when buying home or car insurance.
  • You might need to disclose spent convictions or caution when travelling or working outside of England and Wales
  • Spent convictions and cautions will stay on your police record – they are not deleted.

More information

  1. For practical self-help information – More information regarding this can be found at Rehabilitation of Offenders Act 1974.
  2. To discuss this issue with others – Read and share your experiences on our online forum.
  3. Our policy work – Read about the policy work we’re doing on this issue.

Get involved

Help us to add value on this information. You can:-

  1. Comment on this information (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online peer forum

Sources of legal advice

This if for information only.  We are unable to provide advice on this.  For reasons why, click here.

Introduction

Many people that we help make use of the information and advice that we’ve provided, and go on to find legal advice to help them with a problem that needs legal expertise. As a result, this section is designed to help you find appropriate legal advice.

You may also want to see if our case work policy can help.

Our links with specific solicitors/organisations

Unlock is unable to provide specific recommendations for solicitors. Our helpline does have details of solicitors that work on different areas of law that you may find useful, depending on the problem you are facing.

Other useful organisations

You can find your local Citizen Advice Bureau (CAB) by visiting their online directory. CAB are often able to provide advocacy and sometimes limited legal support when helping individuals.

Advocate is a charity providing free legal assistance from volunteer barristers.

Free Representation Unit (FRU) provide free legal representation in employment tribunals to those who are not eligible for legal aid and cannot afford to pay for the services of a solicitor. All their work is done by volunteers, usually law students or legal professionals who are usually in the early stages of their career. Referrals to FRU need to be made through one of their referral agencies.

Law Centres can help with legal advice on welfare, discrimination, housing and criminal justice matters. You can search to find your local Law Centre through the Law Centres Network.

LawWorks is an independent charity with a mission to support, promote and encourage a commitment to pro bono across the solicitors’ profession. They provide services to individuals, such as a list of clinics that are available, as well as a referrals list. They also operate a casework service which is for those who require more than initial advice, although it can take a couple of weeks for an application to turn around, so this option is only available for cases which are less urgent.

Searchable websites

The Law Society has an online ‘Find a solicitor’ tool to help you find a solicitor, find advice on what to expect, provide guides to common legal problems and help with what to do if things go wrong. Further guidance covers paying for legal services, specialist solicitors, lawyers for businesses, complaints, directories and frequently asked questions.

There is a ‘Find a legal adviser’ tool through the Ministry of Justice – this links to legal advisers with a legal aid contract in England and Wales.

Useful resources

CANS delivers accurate and up-to-date legal information to the public, students, advisors, lawyers and anyone else with an interest in British and European law. If you would like full access to this site and are resident in England, Scotland or Wales, you can enquire at your local library about access. If you are registered with a library that has access, you should be able to use your card to access it from home.

InBrief is a growing legal resource providing information on the laws of England and Wales. It contains articles on a variety of legal issues, written in layman’s terms by their team of writers. They have extensive legal knowledge and experience in their particular area of the law and provide high quality information on the topics they cover.

Want to complain about your legal advice?

The Legal Ombudsman handles complaints about solicitors. You must make a formal complaint to your lawyer or law firm before you can take it to the Legal Ombudsman. Firstly, put your complaint in writing to the lawyer or law firm concerned. Clearly write ‘Formal complaint’ at the top of your letter and keep a copy (download “Putting your complaint in writing” for more information). Keep copies of everything, including any replies you get. If you are not satsified with the outcome, you can then complain to the Legal Ombudsman.

If you want to complain about a solicitor that has worked for someone else then you need to contact the Solicitors Regulation Authority.

Covering the costs of legal advice

If you have money, then do what anybody would do when looking for legal advice – choose your private solicitor carefully. Check out their experience; ask how much it will cost before s/he starts the work. For example, many firms offer fixed price up-front deals. Research every firm you think can do the job and compare prices. Above all, if you have the funds then don’t risk another conviction by lying about your income to try and gain legal aid.

For civil cases, you may be able to obtain public funding (legal aid) to help with legal costs, but this depends on many things, including your finances (how much you earn, what savings you might have etc) and what sort of legal help you are looking for. You can check if you can get legal aid here.

Pro bono is not a substitute for legal aid, it is an addition to it. It can provide legal help to those who cannot get public funding but cannot afford to pay their legal costs. It means that the lawyers will not charge for any time they spend on a case.

Working for an outside employer while still in prison

Aim of this page

This page aims to summarise the Prisoners’ Earnings Act 1996 (PEA) which is detailed in Prison Service Instruction (PSI) 76/2011. It has been written for people in prison who are currently undertaking paid work in the community, and for those who may be doing so in the future.

It also sets out the process of deductions that will be made by HMPPS on behalf of the Prison Governor, which will then be paid to Victim Support.

It’s part of our information on leaving prison.

Why is this important?

If you’re already undertaking paid work whilst in prison or aim to do so at some time in the future, then it’s important to understand how much levy will be taken from your wages.

We have developed a Victims Levy Calculator which will help you to establish how much of your earnings will be deducted by the prison and paid to Victim Support.

Background

This Prisoners Earnings Act (PEA) 1996 gave Prison Governors the power, in certain circumstances, to impose a levy on the earnings of those working for an outside employer whilst they are in prison.

The PEA came into force on 26th September 2011 and means that providing you are earning more than £20 net per week (“net” means after you’ve paid any tax, national insurance contributions, court-ordered and child support payments that may be due) any earnings over £20 will be subject to a levy of 40%.

The levy will be paid to Victim Support, a national charity which works in partnership with numerous other such groups, with a view to supporting victims and communities.

Who does this apply to?

The PEA applies to all people in prison who are undertaking paid work in the community. In practice, it generally only applies to those in open prisons but may be applicable to anybody held in closed prisons who are working for outside employers on a regular basis and who earn over the relevant amounts.

However, as it is the responsibility of the Governor to impose a levy, it is open to Governors to decide not to do so where there are very exceptional circumstances, or to reduce the amount deducted. You should speak to the Governor in your prison about the process of getting them to consider any exceptional circumstances you may have.

What would be considered as ‘exceptional circumstances’?

Governors will deal with each application on a case by case basis but ‘exceptional circumstances’ could include:

  • Financial hardship – You would need to show that the imposition of the levy at the rate it is being imposed would lead to you or your family suffering severe financial hardship.
  • Travel costs – For example if the cost of travelling to work is substantial in proportion to your earnings.

Working out the amount of deduction

To work out how much of your wage will be deducted and paid as a Victims Levy, use the Victims Levy Calculator that we have produced.

To illustrate the potential level of deductions, you will find below examples of how this will affect people on different wages. Examples correct as at the 31st March 2017.

How is the money deducted?

Although your employer will provide you with a payslip, you will not be paid directly by them. Your net pay will be paid into a central bank account so that the Shared Services Centre (SSC) can administer the levy on behalf of the Governor. This will be the case even if you earn less than £20 per week “net”.

The SSC will then make a deduction of 40% on any “net” pay above £20 per week, and the remaining balance will be transferred to your outside bank account. The process may take up to 5 days, so you should expect a delay. However, if you are paid by cheque this may mean you could experience a longer delay as the cheque will require clearing before being processed.

The prison will provide you with a monthly statement; which will show you what your net pay was from your employer, how much was taken off by way of the levy, and how much will be transferred into your outside bank account.

To work out how much of your wage will be deducted and paid as a Victims Levy, you can use our Victims Levy Calculator.

What do I need to do?

You will need to ensure that you have an outside bank account set up. If you don’t already have a bank account, your prison should be able to assist you in opening one as many prisons have arrangements in place with local banks.

Once you have a bank account, you will then need to provide the prison with the following details:

  • Name of Bank
  • Name of Account Holder (usually your name)
  • Account Number
  • Sort Code Number

The prison should provide you with a pro-forma to complete to provide this information. Make sure that you give the prison the correct details as any mistakes may cause delays in you receiving your pay.

If you refuse to provide your outside bank details or refuse to set up an outside bank account, you will no longer be allowed to work outside in paid employment. The SSC can pay the money into someone else’s bank account if you ask them to do so, but this is at your own risk.

The prison should have provided your employer with your date of release. However, it’s important that you make them aware of the date and give them your personal bank account details nearer the time. This will ensure that you will receive your pay as usual. Otherwise, your pay may continue to be paid into the central prison account.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • HMPPS – Responsible for running prisons and probation services in England and Wales

More information

  1. For practical information – More information on leaving prison
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Send your feedback directly to us
  2. Discuss your views and experiences with others on our online forum
  3. Share your personal story by contributing to our online magazine, theRecord.

This page is for information only. We are unable to provide advice on this. Comments below have been disabled and will not be published. For reasons why, click here.

This page was last reviewed in August 2017. If you’ve spotted something that needs updating please let us know by emailing the details to feedback.unlock@outlook.com.

Support getting into work

Help us – As part of our policy work we’re working on improving the support for individuals to secure meaningful employment

 

Aim of this information

As a national charity, Unlock is unable to provide links to all local services. This information is designed to highlight the major organisations who provide support to individuals with convictions in getting back into work. It also provides information about what you should disclose to support agencies about your criminal record.

It’s part of our information on looking for (and keeping) employment and volunteering.

Why is this important?

There is little specific support for people with criminal records who are looking for employment. However, it’s important to know that you can still seek help from general services that are available to anybody who is looking for work. You will need to make sure that you fully understand what the practical implications of having a criminal record are in terms of your prospects of gaining employment.

Introduction

Simply having a criminal record does not prevent you from getting a job. In a limited number of cases, certain convictions may prevent you from working in certain roles, but, you are likely to already know about this if it applies to you.

What to disclose to support agencies

The job centre and other agencies that are trying to help people back into work might ask you whether you’ve got a criminal record. Many people see this as a barrier and aren’t keen to voluntarily disclose their conviction to any government organisation/department.

If you’re not asked then, legally, you don’t need to disclose unspent convictions, but withholding this information means that your advisor may not be able to provide you with the best information, advice or service. Generally, we suggest that it’s better to be honest with those trying to help you find work – so long as they know what to do in terms of what does and doesn’t need to be disclosed to a potential employer.

By voluntarily disclosing your criminal record, you’re placing a lot of trust in your advisor. However all advisors are bound by job centre confidentiality policies and the Data Protection Act. Most advisors will welcome your honesty – it will make their job much easier and hopefully help you both establish a good working relationship.

Why do we suggest you be honest with support agencies?

Some employers have blanket bans on the recruitment of people with unspent convictions and if you haven’t disclosed to your advisor and they believe you have the necessary skills and experience, then you’ll usually be expected to apply. In this situation, if your conviction is unspent, applying would be a waste of both their time and yours but, if you refuse, you may be sanctioned and lose your benefits for a while. If you disclose your unspent conviction to your advisor you can potentially avoid situations such as this.

Any job which is exempt from the Rehabilitation of Offenders Act will require you to disclose both spent and unspent convictions (unless they are filtered) if the employer asks. So, if you’re applying for these types of jobs, you may want to consider disclosing your spent conviction to your advisor so they can steer you away from applying for these types of jobs if you wouldn’t be happy disclosing it. Don’t forget – there’s no rule that says you can’t apply for these – but some people prefer to only apply for jobs where they don’t need to disclose.

If you’ve only got a spent conviction, make sure your advisor understands that you won’t need to disclose them for the majority of jobs that you’ll be applying for.

When might you withhold details?

Some people have had bad experiences with job centres and support agencies. They’re maybe been brushed off or put on the “too hard to help” pile, and maybe they’ve disclosed information to employers when they shouldn’t have.

If you’re only applying for jobs where your criminal record won’t come up (for example, jobs in supermarkets and your record is spent) then you don’t legally need to disclose to the employer, so there’s an argument to say you don’t need to disclose to the support agency either.

National organisations specifically helping people with a criminal record

In addition to what is below, you should view the section of this site that details those organisations that can help with disclosure issues.

Jobcentre Plus (JCP)

Jobcentre Plus is the place to start to find employment. Simply because you have a criminal conviction does not mean you cannot use the resources of Jobcentre Plus. The main source of information and advice about employment and training is the Jobcentre Plus network. As well as administering the benefits system, Jobcentre Plus offices provide a range of services to help people get into work, education or training and are often responsible for commissioning local/regional services specifically for people with convictions. They provide online jobspoints in libraries and some supermarkets as well as their offices. Jobspoints provide details of thousands of job vacancies around the country. For details of the Jobcentre Plus offer to people with convictions, download a leaflet here.

In particular, you can look for a job using their Universal Jobmatch system. Contact details are available here.

The Work Programme

The Work Programme is the Government’s main ‘Welfare to Work ‘programme. The Work Programme is delivered by a number of organisations, private companies and charities on behalf of Government.

If you disclose to the Job Centre that you have a criminal record (you do not have to disclose if you don’t want to), you can volunteer to get access to the Work Programme after claiming Jobseekers’ Allowance for 3 months, or you will be mandated onto it after 9 or 12 months of claiming JSA, depending on your age.

Since March 2012, if you are released from prison and claim Jobseekers Allowance within 13 weeks of release, you will be mandated onto the Work Programme. This means that many Work Programme providers will begin to do in-reach work in prisons for people due for release. As a result, there may be overlap with the NOMS/CFO providers (see above) who help those near to release and after release.

To find out who is responsible for the Work Programme in your area, and to see what they can offer to help you, speak to your local Job Centre (see above for contact details). More information on the Work Programme is available on the GOV.UK website.

There’s also an interesting video below from Inside Job Productions produced in partnership with A4e, which a Work Programme provider, featuring ‘Rory’ and his story. A4e is one of a number of providers delivering the Work Programme on behalf of the Department for Work and Pensions across the UK. The programme is available to all prison leavers and ex-offenders claiming Jobseekers Allowance. To find out more, speak to your Jobcentre Plus advisor.

Rory’s Journey from Inside Job Productions on Vimeo.

NOMS/ESF Co-financing programme

This is a national programme which specifically helps people in prison and those in the community that have recently been sentenced or released from prison. It is managed by the NOMS Co-financing Organisation. The current programme runs between 2014 and 2020.

To be eligible, you must be resident in the UK with permission to work, and over 16 years of age. You must also either be:

  • Serving a custodial sentence (with up to three years left to serve)
  • Completing a community sentence
  • On licence
  • Released from prison and not on any licence conditions, as long as you’re signed up to the programme within 12 weeks of release from prison

Generally, you have to be referred onto the programme. The help that is available depends on the area that you live. Generally speaking, there is support available to help you to improve your employability – this can include helping with CV’s, disclosure, work placements, volunteering and education/qualifications.

One thing that all of the providers have is a Discretionary Access Fund. The discretionary access fund allows for the spot purchasing of courses or goods to support people into work. Part of this fund will be used to expand and develop additional vocational training provision in prisons and to provide more opportunities for participants to work directly with employers in a dedicated training environment. This discretionary fund can also be used by providers to help you overcome specific barriers to work such as travel (to an interview, to work), pay for childcare or equipment required for the job.

You should contact your probation officer and give them your details to see if you’re eligible and who you should speak to. If you don’t have their details, contact NOMS CFO.

The National Careers Service

The National Careers Service provides information, advice and guidance to help you make decisions on learning, training and work opportunities.  The service offers confidential and impartial advice.  This is supported by qualified careers advisers.

Employment support in prison

Jobcentre Plus Employment and Benefit Surgeries should be available in all prisons that require the service. When you enter prison, you should be seen by an EBS adviser, who will assist you in closing your benefit claims and ensuring you receive any outstanding monies. The adviser should also take action to retain an individuals employment where appropriate and provide a ‘signposting’ role in relation to other issues such as accommodation. Prior to release, the EBS advisers should meet with you to explore job opportunities available to you and discuss any education and training needs. By concentrating on your particular circumstances the adviser should be able to signpost you to the relevant help that Jobcentre Plus provides. They should also provide you with information about working age benefits to assist in reducing the finance gap you may face on release.

There are also a range of employment programmes that operate in prisons, including some of those mentioned in this section already. Others include programmes by the National Grid, Summit Media, and Inside Job Recruitment.  Further information on companies with links to prisons can be found on our Looking for friendly employers page.

Personal experiences

The personal experience below has been posted on theRecord, our online magazine

Discuss this with others

Read and share your experiences on our online forum

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Job Centre Plus can assist with claiming benefits and help getting back into employment.
  • National Careers Service provides careers advice and information on a wide range of jobs, training course resources and funding.
  • NOMS CFO is a national programme which specifically helps people in prison and those in the community that have recently been sentenced or released from prison. You usually need to be referred onto the programme.
  • Work Programme is the Government’s main Welfare to Work Programme, delivered by a number of organisations, private companies and charities on behalf of the Government.
  • Working Chance is the UK’s only recruitment agency for women with convictions.  They support candidates both in and out of prison to find quality paid jobs as well as offering support around resettlement issues.
  • A Fairer Chance is a community interest company who work with people with convictions and serving prisoners to match them to suitable employment opportunities.

For more information

  1. Practical self-help information – Find more information on looking for (and keeping) employment and volunteering
  2. To read personal stories – You can read stories about this posted on theRecord under the tag of employment support
  3. Discuss the issue – Read and share your experiences on our online forum.
  4. Our policy work – Read about the policy work we’re doing on this issue – improving support for individuals with a criminal record to secure meaningful employment
  5. Questions – If you have any questions about this, you can contact our helpline.

Get involved

  1. Send your feedback directly to us.
  2. Discuss your views and experiences with others on our online peer forum
  3. Share your personal story by contributing to our online magazine, theRecord.

 

Juror (Jury Service)

General

If you’ve had a criminal conviction it may mean that you are not allowed to serve on a jury. Not all convictions count, but periods of imprisonment, a suspended sentence of imprisonment or probation can exclude you.

When you are summoned for jury service, you will be asked to complete a summons form and this lists the types of convictions that have to be declared before you can serve on a jury. You will have to say if you have ever been sentenced to life imprisonment, or to imprisonment or youth custody for five years or more. You must also declare whether you have, in the last ten years, served any part of a sentence of imprisonment, youth custody or detention, received a suspended sentence or been subject to a community service order. You will also have to declare if you’ve been put on probation in the last five years or are currently on bail in criminal proceedings.

You can find out more about Jury service here.

Qualification for jury service

Juries Act 1974 Section 1

Subject to the provisions of the Juries Act 1974, every person shall be qualified to serve as a juror in the Crown Court, the High Court and county courts and be liable accordingly to attend for jury service when summoned under this Act, if—

(a) he is for the time being registered as a parliamentary or local government elector and is not less than eighteen nor more than seventy years of age; and

(b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen,

but not if he is for the time being ineligible or disqualified for jury service; and the persons who are ineligible, and those who are disqualified, are those respectively listed in Parts I and II of Schedule 1 to this Act.

Juries Act 1974 Schedule 1

Part II – Persons Disqualified

You are disqualified from jury service if you are currently on bail in criminal proceedings.

You are also disqualified from jury service if, in the United Kingdom, the Channel Islands or the Isle of Man, or if in relation to a service offence under the Armed Forces Act 2006 anywhere in the world:

You have ever been sentenced to:

  • imprisonment, or a term of detention, of 5 years or more;
  • imprisonment for public protection or detention for public protection;
  • imprisonment, custody or detention for life;
  • an extended sentence under either of sections 226A, 226B, 227 or 228 of the Criminal Justice Act 2003, (including a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) or section 210A of the Criminal Procedure (Scotland) Act 1995;
  • detention at Her Majesty’s pleasure or during the pleasure of the Secretary of State

You have in the last 10 years:

  • served any part of a sentence of imprisonment or detention;
  • received a suspended sentence of imprisonment or a suspended order for detention.

You are also disqualified if in the last 10 years in England and Wales you have been subject to a community order (including a community rehabilitation order, community punishment order, community punishment and rehabilitation order, drug treatment and testing order, or a drug abstinence order).

You will also be disqualified if you have in the last 10 years been subject to any equivalent order under the law of Scotland, Northern Ireland, Isle of Man, any of the Channel Islands, or a community or overseas community order under the Armed Forces Act 2006.

 

Jury Vetting Guidance from the CPS

This below information is taken from information on the CPS website.

Principle

Article 6(1) ECHR requires trial by an independent and impartial tribunal (Archbold [2013] 16-57)

The principles which are generally to be observed are:

  • members of a jury should be selected at random from the panel, subject to any rule of law as to right of challenge by the defence;
  • the Juries Act 1974 and the Juries (Disqualification) Act 1984 identify those classes of person who alone are disqualified from or ineligible for service on a jury. No other class of persons may be treated as disqualified or ineligible; and
  • the correct way for the Crown to seek to exclude a member of the panel from sitting as a juror is by the exercise in open court of the right to request a stand by or challenge for cause.

The parties to any jury trial may inspect a copy of the panel from which the jury in their trial will be chosen, in order to:

  • enable the parties to inquire about members of the panel; and
  • decide whether any should be challenged

There are 2 types of jury vetting (checks):

  • a Criminal Records Bureau (CRB) check which is now automatically conducted on each juror to assess qualification against jury service criteria. This is carried out via a computer link established between the Police and HM Courts and Tribunals Service (HMCTS). To note – Home Office Circular 43/1988 has now been cancelled by Home Office Circular 047 / 2003. No replacement circular is in place, and as a result jury checks are still undertaken on a 100% basis;
  • a further, more detailed check may be required in some instances and is known as an “authorised jury check” which may involve a Criminal Records Bureau (CRB) check, Special Branch records check and sometimes a Security Services check. An “authorised jury check” can only be authorised by the Attorney General in accordance with the Attorney General’s Guidelines on Jury Checks: 88 Cr App R 123 at 124.

Guidance

Criminal Records Bureau (CRB) Checks

Parliament has improved safeguards against jurors who may be corrupt or biased by:

  • the provision of majority verdicts; and
  • the Juries Act 1974 which provides a sanction of a criminal offence for a disqualified person to serve as a juror.

Whilst the omission of a disqualified person from the panel is a matter for court officials, only the police are able to search criminal records in order to ascertain whether a jury panel includes a disqualified person. This is part of their usual function of preventing the commission of offences.

Checks in Specific Cases

A Chief Constable or the Director of Public Prosecutions may require a CRO check of the names of potential jurors in any case where a Chief Constable or the DPP considers that it would be in the interests of justice so to do: see the Annex to the Attorney General’s Guidelines on Jury Checks, 88Cr App R 123 at 125 (Archbold [2013] 4-275, Appendix A-282).

A Chief Constable may require a CRO jury check, in accordance with the Annex to the Attorney General’s Guidelines on Jury Checks, without reference to The CPS. However, it is accepted that in many cases the advice of the local CPS will be sought.

A Chief Constable’s request for advice on a jury check in accordance with the Annex to the Attorney General’s Guidelines on Jury Checks will be dealt with by the CCP/(Sector Director London), Head of Casework Divisions, or designated officer.

If The CPS officer at Level E or above considers that the case falls within the provisions of paragraph 1 of the Annex to the Attorney General’s Guidelines on Jury Checks, the officer may advise that a check of previous convictions of the potential jurors should be undertaken.

Defence Request for a Jury Check

The defence will not have access to the information available to the prosecution but may wish to:

  • have the panel checked for disqualified persons; or
  • seek assistance in obtaining information regarding the right to challenge.

The Attorney General will consider requests, made by defence counsel through the Director of Public Prosecutions, for assistance in obtaining information in cases falling within the guidelines.

The Association of Chief Police Officers’ recommendations indicate that, if requested by the Director of Public Prosecutions, Chief Constables will check criminal records on behalf of the defence.

In either case the results of such checks will be sent to the Director of Public Prosecutions who will treat them in accordance with the guidelines.

Authorised Jury Checks

There are certain exceptional types of cases of public importance for which the provisions as to majority verdicts and disqualifications of jurors may be insufficient to ensure the administration of justice. In these, it is in the interests of justice that there should be further safeguards against the possibility of bias. Checks which go beyond the investigation of criminal records may be necessary.

  • national security, where the evidence is likely to be heard in camera, in whole or in part; or
  • a terrorist case.

Challenging Jurors

The methods of replacing one or more of the prospective jurors called into the box are:

  • for the prosecution to ask a juror to stand by; or
  • for either the prosecution or the defence to challenge for cause; or
  • for the judge to use his discretionary power to remove a juror.

The circumstances in which it would be proper for the Crown to exercise its right to stand by a member of the jury panel are:

  • to remove a manifestly unsuitable juror, but only if the defence agree; and
  • to remove a juror in a terrorist or security case in which the Attorney General has authorised a check of the jury list, but only on the authority of the Attorney General.

For the Attorney General’s Guidelines on the exercise by the Crown of its right to stand by, see 88 Cr App R123 (Archbold [2013] 4-304 and 4-306, Appendix A-282).

Improper Approaches to Jurors

Section 8 of the Contempt of Court Act 1981 (Archbold [2013] 28-73) provides that it is a contempt of court to seek information from a juror as to what occurred in the jury room.

If an investigation by the police is required, the CCP should be consulted before further enquiries are made.

In the past, it was the practice for the Attorney General to issue a “letter of comfort” to enable police to interview jurors. This was to assure the officers that they would not be prosecuted for offences contrary to Section 8 of the Contempt of Court Act 1981. However, following the cases of (R v McCluskey (1994) 98 Cr.App.R.216), (R v Mickleburgh (1995) 1 Cr.App.R.297) and (R v Young (1995) 2 Cr.App.R.397,) the Attorney General no longer issues letters of comfort.

The cases confirmed the absolute prohibition in Section 8 of the Contempt of Court Act 1981 and the sanctity of the jury’s deliberations. However, the courts have defined “deliberations” narrowly. Any investigation surrounding the jury’s stay at a hotel, as for example in R v Young, would not fall foul of Section 8 Contempt of Court Act 1981.

These cases therefore confirm that there is no restriction on the police interviewing the jurors as long as the investigation is limited to matters outside the “jury’s deliberations”, as defined in the above cases. Clear guidance must be given to the police, as otherwise they are potentially liable to a prosecution contrary to Section 8. In the light of the difficulties it would be prudent for an officer of senior rank to undertake this task.

These cases clearly establish the necessity for the consent of the Judge to be obtained before the jurors are approached. This consent will only be valid if the Judge is still seized of the case.

Procedure

CRB Checks

As all CRB checks are now conducted automatically and have been since 2001, the CPS will have no role in the making of such checks.

However, the CPS could possibly receive a request for advice regarding the making of a CRB jury check. The CPS officer of Level E or above should in the first instance contact the Court concerned directly to verify whether the usual check has been conducted.

If an additional check is requested, the CPS officer will need to consider whether the request falls within the provisions of paragraph 1 of the Annex to the Attorney General’s Guidelines on Jury Checks. If so, a jury check request will need to be sent to the Attorney General via the Director of Public Prosecutions as per the procedure below.

Authorised Jury Checks

The request by the Director of Public Prosecutions to the Attorney General for an authorised jury check should, if at all possible, accompany the papers requesting the consent to proceedings.

The following procedure must be adopted in all cases where a full jury check has been authorised:

  • at the appropriate time in the case preparation, the Director, Casework (or his nominee) will ask the police to carry out the necessary checks;
  • the police will transmit personally any relevant information obtained to the Director, Casework (or his nominee);
  • the Director, Casework (or his nominee) will advise the Legal Secretariat to the Law Officers as to the position;
  • the Legal Secretariat will consult the Attorney General, who will make a decision and instruct the Legal Secretariat to inform the Director, Casework (or his nominee) of any juror who should be asked to stand by;
  • the Director, Casework (or his nominee) will supply to counsel at the trial the name(s) of any juror(s) who will be asked to stand by;
  • the Director of Public Prosecutions’ secretary will keep a note of the cases where an authorised jury check is made and cases where the right to stand by has been exercised;
  • a record is to be kept by the Director of Public Prosecutions of the use made by counsel of the information passed to him and the jurors stood down; and
  • a copy of that record will be sent to the Attorney General to enable him to monitor the operation of the guidelines.

No use is to be made of the information obtained as a result of an authorised jury check except, in relation to the trial for which the check was authorised:

  • directly, as may be necessary; or
  • arising out of

It was announced in August 2013 that the upper age limit for jury service would be raised to 75, in order to reflect the increase in life expectancy in recent years.  It is believed that allowing for older jurors will cut the cost of compensating jurors for missing work.  The changes are expected to be implemented in 2014.

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