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Rehabilitation of Offenders Act 1974

The recent case of Birmingham City Council v Pardoe [2016] EWHC 3119 (QB) identified that conduct relied upon when seeking a Civil Injunction under the 2014 Anti-Social Behaviour, Crime and Policing Act must have occurred after the 23rd September 2014 though earlier conduct could be referred to if, for example, it was similar fact evidence.
Care should be taken when applying this recent Birmingham City Council case not to fall foul of the provisions of the Rehabilitation of Offenders Act 1974.
The Rehabilitation of Offenders Act 1974 states that no evidence of any “spent conviction” is admissible in proceedings. Once convictions are spent a convicted (“rehabilitated”) person is to be treated for all purposes as if he was never convicted.
Some convictions are excluded from rehabilitation whilst others have a specific period of time after which they are “spent” so the Act should be consulted if an Applicant for an Injunction wishes to reply on a previous conviction to ensure that they do not breach the provisions of the Rehabilitation of Offenders Act 1974.