The Rehabilitation of Offenders Act 1974 supports the rehabilitation into employment of reformed offenders who have stayed on the right side of the law.
Under the Act after a certain period of time various cautions and convictions may become ‘spent’. As a result the offender is deemed to be rehabilitated. A rehabilitated person is treated as if he or she had never committed, been charged with, prosecuted for, convicted of, or sentenced for the offence.
The traffic commissioner will decide whether sufficient time has passed to allow the convictions and/or caution to become spent. The conduct is balanced against other relevant material, for example the driver’s record.
The final decision as to whether it may be relevant to the proceedings before the traffic Commissioner, and should therefore be admitted notwithstanding that it is “spent”, is a matter for consideration by the traffic commissioner. The traffic commissioner will need to be satisfied in a preliminary ruling that there is no other way of doing justice in the case other than putting in the spent conviction. Each case will have to be considered on its own individual merits.
For more information on the Rehabilitation of Offenders Act contact us on 0800 046 3066