The relevance and use of previous convictions in criminal proceedings

Copyright © 2025 LexisNexis
Produced in partnership with Angharad Hughes of Howard Kennedy LLP and Will Glover of Fieldfisher
Practice notes

The relevance and use of previous convictions in criminal proceedings

Copyright © 2025 LexisNexis

Produced in partnership with Angharad Hughes of Howard Kennedy LLP and Will Glover of Fieldfisher

Practice notes

This Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974) as amended by the Police, Crime, Sentencing and Courts Act 2022. It also considers the impact of previous convictions on criminal investigations, as evidence in criminal proceedings and in sentencing.

What is a spent conviction?

If a conviction or caution has become spent, for most purposes, the offender is treated in law as having never committed an offence. This means, for example, people with spent convictions or cautions have the right under ROA 1974 not to volunteer them when applying for most jobs. This will not prevent them from appearing on a criminal records check by the Disclosure and Barring Service (DBS check, sometimes known as a CRB check), which some jobs will require. Certain convictions become spent after a specified period of time. The period of time will vary depending on the disposal or sentence imposed. Convictions for some types of offences will never be spent.

Rehabilitation

Angharad Hughes
Angharad Hughes

Barrister, Howard Kennedy LLP

Angharad Hughes is a barrister at Howard Kennedy LLP. She came to the firm with experience of a flourishing criminal defence practice from a leading criminal set. Angharad’s instructions cover a wide range of matters including violent crime, dishonesty, confiscation, weapons, drugs, road traffic and public order offences. She also has experience in bringing private prosecutions on behalf of corporate entities.

She now specialises in financial and complex crime, civil recovery and fraud. She is known for her ability to quickly and competently grasp central issues.

She is also the founder of Griffin-LAW, a pro-bono project advancing social mobility at the Bar.

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Will Glover
Will Glover

Director, Fieldfisher

William acts for individuals and corporates on all aspects of criminal litigation, including proceeds of crime. He also advises on related compliance issues and procedures in addition to conducting investigations on behalf of businesses with concerns in respect of possible criminality.

He is currently recognized by the Legal 500 in Fraud: White-Collar Crime (Advice to Individuals) in addition to Regulatory Investigations and Corporate Crime (Advice to Corporates).

His significant recent work includes acting for corporates and individuals on serious fraud and corruption matters.

He has advised a number of corporate entities on dealing with voluntary and compulsory requests from the authorities. He is also experienced in representing individuals in general crime and extradition matters.

William joined Fieldfisher after several years at the Criminal Bar in London where he often acted for individuals in serious fraud matters at the specialist fraud court; Southwark Crown Court. While at the Bar in London, he also spent time seconded to the Serious Fraud Office.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Conditional caution definition
What does Conditional caution mean?

A conditional caution is a prosecution led tool whereby a person admits the offence and agrees to abide by certain conditions in return for not being prosecuted for that offence.

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