Annex A - Convictions and cautions protected for the purpose of the Rehabilitation of Offenders Act 1974

Cautions 

1. A caution is a protected caution if it was given to a person for an offence other than a listed offence (see Listed Offences below) and;
   1. where the person was under 18 years at the time the caution was given, two years or more have passed since the date on which the caution was given; or
   2. where the person was 18 years or over at the time the caution was given, six years or more have passed since the date on which the caution was given.

Convictions

1. A person's conviction is a protected conviction if the conditions in the paragraph below are satisfied and -
   1. where the person was under 18 years at the time of the conviction, five years and six months or more have passed since the date of the conviction; or
   2. where the person was 18 years or over at the time of the conviction, 11 years or more have passed since the date of the conviction.
2. The conditions referred to in the paragraph above are that-
   1. the offence of which the person was convicted was not a listed offence (see Listed Offences below);
   2. no sentence mentioned in the paragraph below was imposed in respect of the conviction; and
   3. the person has not been convicted of any other offence at any time.
3. The sentences referred to in the paragraph above are­
   1. a custodial sentence, and
   2. a sentence of service detention, within the meaning of the section below (Listed Offences) of the Act, as to be substituted by section 139 (1) and ( 4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Listed offences

1. In the paragraphs above, "listed offence" means -
   1. an offence under section 67(1A) of the Medicines Act 1968;
   2. an offence under any of sections 126 to 129 of the Mental Health Act 1983;
   3. an offence specified in the Schedule to the Disqualification from Caring for Children (England) Regulations 2002;
   4. an offence specified in Schedule 15 to the Criminal Justice Act 2003 (namely specified violent and specified sexual offences);
   5. an offence under section 44 of, or under paragraph 4 of Schedule 1 or paragraph 4 of Schedule 4 to, the Mental Capacity Act 2005;
   6. an offence under section 7, 9 or 19 of the Safeguarding Vulnerable Groups Act 2006;
   7. an offence specified in section 17(3)(a), (b) or (c) of the Health and Social Care Act 2008, apart from an offence under section 76 of that Act;
   8. an offence specified in the Schedule to the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
   9. an offence specified in Schedule 2 or 3 of the Childcare (Disqualification) Regulations 2009;
   10. an offence superseded (whether directly or indirectly) by any offence falling within paragraphs (a) to (i);
   11. an offence of-
        
       1. attempting or conspiring to commit any offence falling within paragraphs (a) to (j), or
       2. inciting or aiding, abetting, counselling or procuring the commission of any such offence, or an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) committed in relation to any such offence;
   12. an offence under the law of Scotland or Northern Ireland, or any country or territory outside the United Kingdom, which corresponds to any offence under the law of England and Wales falling within paragraphs (a) to (k);
   13. an offence under section 42 of the Armed Forces Act 2006 in relation to which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence falling within paragraphs (a) to (k); or
   14. an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 of which the corresponding civil offence (within the meaning of that Act) is an offence falling within paragraphs (a) to (k).

For the regulation in full, see the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975/1023