What are the reporting restrictions on spent convictions?

What is the Rehabilitation of Offenders Act 1974?

Convictions become spent at the end of the rehabilitation period, according to the Rehabilitation of Offenders Act 1974. The length of this period varies depending on the length of the sentence; however, if the jail term is more than two and a half years (both immediate and suspended) then the conviction will never become spent. This includes youth custody, corrective training and detention in a young offender institution. Similarly, an extended sentence for public protection after a violent or sexual offence, can never become spent.

The Act enables most other past offenders to ‘live down’ any less serious sentences. For example, they do not have to declare ‘spent’ convictions on most job applications except for working with children and a few other examples.

How does it affect reporting?

In terms of the media, the Act limits a journalist’s defences in the result of a libel claim in which a reference to a ‘spent’ conviction is made in the media. On the other hand, the claimant in the case must prove that there was no good reason for the publication of this material or malice on the part of the particular journalist.

Can the justification defence be used?

One such defence of a media organisation being sued for libel would usually be that of justification. This just means that the report of the claimant’s conviction was in fact true. A media organisation can use a court record to prove the existence of a conviction and thus justify the publication of the material.

However, under this Act the defence fails if the claimant proves that the conviction was indeed spent and if the arguments about malicious intentions above apply. This would mean that there was no public interest in referring to the conviction.

The established principle that truth is a complete defence in a defamation case was thus made not to apply in this instance by the 1974 Act. The aim was to stop ‘spent’ convictions being published in the media when there was no good reason to prevent past offenders from remaining fully rehabilitated.

Can the defences of absolute or qualified privilege and fair comment be used?

Other defences that are used by a media organisation are the defences of absolute or qualified privilege. However, these cannot be used if the organisation has published a reference made in a court case to a spent conviction and if the conviction was held to be inadmissable in evidence.

For instance, qualified privilege would usually protect reports of court cases if the particular example meets the defence’s requirements. Reference to a conviction is classed in this way as it is effectively a report of a court case in which either the offender pleaded guilty or was convicted by a magistrate or jury.

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For more information on:

  • What are the reporting restrictions for ‘spent’ convictions in court proceedings?
  • What are the criminal penalties relating to reports of ‘spent’ convictions?