Refreshing Law
Our latest video is available to view on the Refreshing Law YouTube channel – please click here to watch the video where Anna discusses the issues that can arise and may need to be considered when an employee is accused of a criminal offence.
Anna Denton-Jones
Refreshing Law
On 28 October 2023, the 1974 legislation was amended by the Crime Sentencing and Courts Act 2022 and accompanying Regulations.
In the past, some offenders were required to disclose their sentences for the rest of their lives. Now, custodial sentences of 4 years or less and of more than 4 years for some less serious crimes, will be spent “after a period of rehabilitation” of up to 7 years after the sentence has been served, provided that no further offence is committed in that period.
| Penalty | Previous Rehabilitation Period | New Rehabilitation Period |
| Community Order | 1 year beginning with the last day on which the order had effect | Now it is the last day on which the order had effect |
| Custody of 6 months or less | 2 years | |
| Custody up to 1 year | 1 year | |
| Custody of 6 months up to 30 months | 4 years | |
| Custody of more than 1 year up to 4 years | 4 years | |
| Custody of more than 30 months up to 4 years | 7 years | |
| Custodial sentences of more than four years | Never spent | 7 years |
| Convictions for serious sexual, violent or terrorist offences | Never spent | Never spent |
Stricter disclosure rules continue to apply to jobs that involve working with vulnerable people.
The time frames that I have detailed are in relation to offenders who are over the age of 18. Slightly lower periods apply if the offender was under 18 at the time of conviction.
The new time periods are extended in the event of re-offending during the declaration period. A new conviction attracts its own disclosure period and the previous conviction and the new one need to be declared until the end of the original conviction’s active period or if later, the end of the new disclosure period applied to the more recent conviction.
Anna Denton-Jones
Refreshing Law
With everyday headlines about a cost-of-living crisis and employers pay rise intentions or activities running at well below inflation, employers are potentially more vulnerable to staff deciding to take matters in their own hands. I remember doing training alongside some senior ex-Police Officers who advised me that for corporate theft or fraud to take place, there only needs to be an opportunity and motive. As staff are beginning to feel the pinch then the motive may be there so it then comes down to whether or not within the structure of that person’s job, the opportunity exists.
Opportunity might come in the form of handling cash, payroll, dealing with corporate credit cards or even recording sales on your system. During the last couple of years, I have seen fraud cases involving each of these activities as well as the well-worn example of an employee having private work done for personal gain on the employer’s own resources.
Because we trust our colleagues, we don’t like to think about the fact that somebody might do something that we wouldn’t do ourselves or think negative thoughts about others. However, I come across this scenario often enough to know how heart-breaking it is for colleagues who feel betrayed when it happens and is discovered in practice.
For that reason, it might be worth thinking about whether there are any weak points in your structures: look at them with a stance of ‘If I was going to try and take advantage here, what could I do and how could I do it?’ For example, if I process payroll, do I also process my own salary or does someone else have to see it? If I am setting up suppliers on the system what is to stop someone creating a fictitious entry or setting up one of their friends and then paying ‘fake’ invoices?
Anna Denton-Jones
Refreshing Law
We care about your privacy. To help us improve our service, we may collect data to understand how people use our site. By allowing all cookies, we can enhance your experience. This means helping you find information more quickly and tailoring content or marketing to your needs. Some cookies are necessary for the site to function correctly.