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This Order amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (S.I. 1975/1023) (“the 1975 Order”). The 1975 Order disapplies specified provisions of the Rehabilitation of Offenders Act 1974 (c. 53) so as to permit specified disclosures by the Disclosure and Barring Service in response to an application for a criminal record certificate or an enhanced criminal record certificate.
Article 2(2) to (4) of this Order amends the 1975 Order by changing the definition of a protected caution to include all those given where a person was aged under 18 years at the time. A protected caution does not have to be disclosed by a person if they are asked about it. These changes also apply to youth warnings and reprimands, which are treated the same as cautions.
Article 2(5) and (6) changes the definition of a protected conviction by removing the “multiple conviction rule” exemption from the scope of the definition. Read alongside the changes made by the Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020, youth cautions and multiple convictions no longer have to be disclosed when a person is asked about them, and will no longer be subject to mandatory disclosure in criminal records certificates.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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