The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025
Introduction
The Rehabilitation of Offenders Act 1974 (ROA) provides a framework for the rehabilitation of offenders in the United Kingdom. It establishes time periods after which certain convictions become ‘spent’ and are no longer disclosable for most purposes. However, there are certain exceptions to this rule, where convictions remain disclosable even after the rehabilitation period has expired.
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025 amends the ROA in relation to Scotland. It introduces a new exclusion from the rehabilitation period for certain sexual offences committed against children.
Key Changes
The main change introduced by the Order is the creation of a new exclusion from the rehabilitation period for the following sexual offences committed against children:
- Rape of a child under 13
- Sexual assault of a child under 13
- Causing or inciting a child under 13 to engage in sexual activity
These offences will now remain disclosable indefinitely, regardless of the offender’s age or the time that has passed since the conviction.
Rationale
The Scottish Government has stated that the purpose of the Order is to enhance the protection of children by ensuring that those who have committed serious sexual offences against children cannot easily conceal their past from potential employers or others who may be in contact with children.
Implications
The Order will have a significant impact on individuals who have been convicted of sexual offences against children. These individuals will now have to disclose their convictions indefinitely, which may make it difficult for them to find employment, volunteer, or engage in other activities that require a disclosure of criminal history.
Exceptions
There are some exceptions to the new exclusion, including:
- Where the offender was under the age of 18 at the time of the offence
- Where the offender has been granted a pardon
- Where the offender is subject to a rehabilitation order
Conclusion
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025 is a significant change to the law in Scotland. It introduces a new exclusion from the rehabilitation period for certain sexual offences committed against children, ensuring that these offences remain disclosable indefinitely. The Order aims to enhance the protection of children by making it more difficult for offenders to conceal their past from those who may be in contact with children.
The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025
The AI has provided us with the news.
I’ve asked Google Gemini the following question, and here’s its response.
UK New Legislation a new article on 2025-01-23 03:04 titled “The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025”. Please write a detailed article on this news item, including any relevant information. Answers should be in English.
83