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GLOSSARY

ROA definition

Published by a LexisNexis Energy expert

What does ROA mean?

Report of Assessment: a written report sent to the ONR under REPPIR at least 12 months before commencement of work concluding whether a Radiation Emergency is reasonably foreseeable and whether an off-site emergency plan is needed.

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Admissibility of defendant's bad character in criminal proceedings

Admissibility of defendant's bad character in criminal proceedings What is bad character? The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant. The starting point is to identify whether the evidence the prosecution seeks to rely on satisfies the definition of 'bad character' as set out in CJA 2003, s 98. 'Bad character' is very broadly defined under CJA 2003, s 98. It means 'evidence of, or a disposition towards, misconduct' or other 'reprehensible behaviour' other than evidence which: • has to do with the alleged facts of the offence with which the defendant is charged, or • is evidence of misconduct in connection with the investigation or prosecution of that offence The line between bad character evidence, and evidence which has to do with alleged facts of the offence charged, can be a fine one. A nexus between the evidence and the offence can be established by showing a connection in time; a temporal nexus. Bad character therefore includes...

Rehabilitation of offenders after 10 March 2014 [Archived]

Rehabilitation of offenders after 10 March 2014 [Archived] Why were the rules on rehabilitation of offenders changed? The Rehabilitation of Offenders Act 1974 (ROA 1974) was brought into force to support the rehabilitation into employment of reformed offenders. ROA 1974 treats a rehabilitated person as if they have never committed or been charged with, prosecuted for, convicted of or sentenced for the offence, and so they are not required to declare a spent caution or conviction. Chapter 8 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) introduced changes to ROA 1974 to amend the scope of ROA 1974 and the rehabilitation periods contained within it. The reforms that came into effect on 10 March 2014, brought in by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 9, Saving Provision and Specification of Commencement Date) Order 2014, SI 2014/423, changed the way some rehabilitation periods were set in an attempt to make them more adequately reflect the seriousness of the sentences...

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When does a youth caution become spent?

When does a youth caution become spent? If a conviction or caution has become spent, for most purposes the offender is treated as having never committed an offence unless it falls within the statutory exceptions. Under the Rehabilitation of Offenders Act 1974 (ROA 1974) convictions may become spent after a specified period of time. Pursuant to ROA 1974, s 8A, the protection afforded to spent cautions, including those given to children and young persons, is governed by ROA 1974, Sch 2, para 1. ROA 1974, Sch 2, para 1 states that: ‘A caution shall be regarded as a spent caution— (a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution [— (i) at the end of the period of three months from the date on which the caution is given, or (ii) if

What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012? Under the Rehabilitation of Offenders Act 1974 (ROA 1974), convictions may become spent after a specified period of time. Under ROA 1974, the time it takes for a conviction to become spent will generally depend on the sentence (not the offence) imposed. ROA 1974, s 5 sets out the rehabilitation periods and specifies the sentences to which it applies. The rehabilitation periods are set out in ROA 1974, s 5(2)–(5) (as amended). They start as soon as the offender is convicted and runs until the end of the specified period, in most cases, the period set out in the table at ROA 1974, s 5(2)(b), with reference to the sentence imposed. Some of the most relevant current rehabilitation periods that might apply to a...

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Complex interplay of principles in the ‘Right to be Forgotten’ (NT 1 and another v Google LLC (Information Commissioner intervening))

Information Law analysis: In this decision, the court considered the factors at play in considering applications seeking de-listing under the ‘right to be forgotten’, including a detailed legal analysis of the relevant statutory and common law provisions and the systematic approach to be taken to performing the necessary balancing exercise. The fact that a conviction may be spent is only one factor, and may not be the decisive factor. Cases may also be heavily fact-dependent, as illustrated here where different factual circumstances led to divergent results in what were otherwise similar cases. Written by Iain G. Mitchell QC (Scotland), barrister at Tanfield Chambers.

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