text:
Emily Prentiss
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Emily Prentiss
Criminal Minds character
Paget Brewster as Emily Prentiss
First appearance
"The Last Word"
2x09, November 15, 2006
Created by
Edward Allen Bernero
Portrayed by
Paget Brewster
Information
Aliases
Lauren Reynolds
Occupation
Chief of the London Interpol Office (Former)
Title
FBI BAU Supervisory Special Agent
FBI BAU Unit Chief
Family
Unnamed father
Elizabeth Prentiss
(mother)
Seasons
2, 3, 4, 5, 6, 7, 9, 11, 12, 13
Emily Prentiss is a fictional character on the CBS crime drama Criminal Minds, portrayed by Paget Brewster. Prentiss first appeared in "The Last Word" (episode nine of season two), replacing Agent Elle Greenaway, who had quit in "The Boogeyman". Her role in the show's sixth season was reduced,[1] for what Brewster believed to be financial reasons.[2] However, reports on May 28, 2011 at Deadline confirmed that Brewster would be returning to her role for the show's seventh season.[3]
On February 15, 2012, Brewster revealed in a statement that the seventh season would be her final season on the show.[citation needed] Brewster's final episode as a main cast member on the show was on the May 16, 2012 episode "Run". Brewster reprised the role again in 2014 for the 200th episode.
On February 10, 2016, it was announced that Brewster would be returning as Prentiss for one episode during the spring of Season 11.[citation needed] On March 30, 2016, she returned following the departure of Shemar Moore for the episode "Tribute".
On July 21, 2016 at San Diego Comic-Con International, it was announced that Brewster will be returning in season 12 in a recurring role.[4] On August 30, 2016, it was confirmed that Brewster would once again be a series regular for the 12th season.[5] She was re-hired soon after Thomas Gibson had been dismissed from the show.
Contents
[hide]
1 Background
2 Relationships with colleagues
3 On the job
3.1 Ian Doyle and "Death"
3.2 Returning to the BAU
4 References
5 External links
Background[edit]
Prentiss was born to her unnamed father and Elizabeth, a US Ambassador.[6] Due to her mother's job postings, Prentiss spent her childhood in numerous places, including Ukraine, France, Italy, and various countries in the Middle East. Her father has never been referred to in any way.
She graduated from Chesapeake Bay University with a B.A. in Criminal Justice[7] and then from Yale University before joining the FBI, and had worked for ten years before coming to the Behavioral Analysis Unit (BAU). Prentiss is extremely well travelled due to her upbringing as an ambassador's daughter and her previous assignments while at Interpol. She is fluent in Arabic,[8] Spanish, French,[9] Italian,[10] Russian, and Greek.[11]
Prentiss first appeared in the season two episode "The Last Word". Her appearance surprised both SSA Aaron Hotchner and Jason Gideon, as neither supervisor had signed off on the transfer. Hotchner was immediately suspicious of the new agent, but Prentiss, insisting that her mother had not pulled any strings for her to get the assignment, convinced him to let her join the team on a probationary basis, and eventually proved her competence and gained the team's trust.
Prentiss was originally written as a lesbian and had a storyline where she woke up in bed next to a woman, which the creative team and Brewster were on board for, but CBS reportedly nixed the idea.[12][13] In a 2016 interview, following Brewster's return to the show, she stated that she would still "be happy to play Emily as bisexual or gay."[14]
Prentiss confided to David Rossi that she struggled to fit in as a teen, since she moved around so often, and would do "almost anything" to fit in. She told Rossi that during her mother's diplomatic posting in Italy, she got pregnant at 15 and had an abortion. She also states that the friend who accompanied her to the clinic "saved [her] life".[10]
Relationships with colleagues[edit]
Paget Brewster (third from the right) filming in 2010
Initially upon joining the BAU, Prentiss feels like an outsider and often worries that people doubt her ability as a profiler. Over time, Prentiss proves herself through her sharp profiling skills, competence, and dedication to the work, gradually earning the trust and respect of her fellow BAU team members.
Prentiss has a good relationship with her supervisor Aaron Hotchner and establishes herself as one of the most reliable and capable agents on the BAU. Hotchner had previously worked as the Head of Security for Prentiss's Ambassador mother, Elizabeth Prentiss, but did not cross paths with Prentiss, because she was off to Yale. When she joins the BAU, they get off to a rocky start, but after a confrontation in his office about her feelings and opinions regarding politics and after she resigns instead of secretly feeding reports to Section Chief Erin Strauss, Hotchner begins to understand Prentiss and trust her more. Before leaving to be with the BAU on a case despite his suspension from the field, Hotchner stops by Prentiss's apartment to convince her to get on the plane with him to help their team catch the UNSUB.
In "52 Pickup", Hotchner is seen asking Prentiss for advice on how to deal with JJ's temporary substitute, Agent Jordan Todd, and acts on her suggestions, even giving Agent Todd another chance to prove herself.
For the most part, Prentiss has also developed friendly relationships with the other members of the BAU team.
Prentiss immediately bonds with Agent Derek Morgan due to their mutual love of Kurt Vonnegut books and they develop a close relationship. Their strong bond is most evident in the episodes leading up to and after Prentiss's death. Morgan is able to detect that Prentiss is worried about something and tries to get her to tell him what is bothering her. He also feels betrayed when Prentiss does not reveal the extent of her involvement with Doyle and the case and assumes she does not trust him enough. Rossi later tries to reason with him that Prentiss is merely trying to protect the BAU team. Morgan is also with Prentiss, holding her, when she is dying after being seriously injured by Doyle, and tells her that he understands what she did, and that she is brave, and he is proud of her. When he believes she has died, Morgan takes her death quite hard and expresses anger toward Doyle. When Emily returns to the BAU in season 7, Morgan shows concern for her safety and ability to protect herself in the field by making her sign up for re-certification.
Over time, she also forms a close relationship with Agent Jennifer "JJ" Jareau, especially when they are the only two female agents in the BAU in the field for several seasons. When Prentiss has to fake her death for the team's safety, JJ is the only one (aside from Hotchner) who knows the truth. JJ also flies to Paris and is involved in getting fake passports and setting up bank accounts for Prentiss to stay incognito. JJ expresses the most happiness when Prentiss came back from the dead and tells Prentiss how much she has missed her while she was gone. Prentiss later mentions to Hotchner that while she was away from the BAU and work, she played a lot of online Scrabble with someone with the online moniker "cheetobreath", implying it was JJ keeping her company. In the rare moments outside work, JJ and Prentiss have been seen having conversations about children and the men, or lack thereof, in Prentiss's life. Prentiss was also the first to congratulate JJ when she revealed she was pregnant with Henry.
After Spencer Reid returns to work following his abduction by serial killer Tobias Hankel, Prentiss experiences a falling out with the young agent due to his harsh behavior toward her (a function of the irritability resulting from Reid's use of narcotics to cope with his recent trauma). However, the agents eventually gain a mutual respect and even share light-hearted moments. Prentiss sometimes joins in with Morgan in good-natured teasing of Reid's genius. She also amazes Reid when she beats him at poker even though he is from Las Vegas and never loses. Another turning point in their relationship is when Prentiss and Reid are held captive by a cult group and Prentiss admits she is the FBI agent, causing her to suffer a beating from the cult leader. As a result, Reid feels guilty, but Prentiss reassures him everything is all right and that is not his fault. Prentiss is also the only one Reid tells about his recurring headaches. Reid is one of the most affected by Prentiss's death, sobbing on JJ's shoulder because he never got to say goodbye, and even thought about giving up since he felt the BAU had failed at protecting a member of their team. Later, when Prentiss comes back, Reid feels betrayed by Prentiss for not telling him the truth, but Prentiss confronts him and they eventually reconcile.
Prentiss is often seen hanging out with Jareau and Technical Analyst Penelope Garcia outside of work. Garcia looks up to Prentiss and never fails to vocalize her admiration, whether it is for Prentiss's fluency in Arabic, wit or the fact she took up salsa dancing classes. Garcia also notes that after four years with the team, Prentiss is a part of the “BAU family;” they hold a close friendship.
On the job[edit]
Prentiss is shown to be an extremely competent, level-headed agent. She is not as affected by the nightmares that come with the job and manages to keep her cool in hostile confrontations. She is also shown to put herself in the line of fire, for example, volunteering to enter into the unsub's house to rescue his young boy, and sacrifice herself for her teammates, as she did for Spencer Reid once in the season 4 episode, "Minimal Loss". She does not act rashly and there was only one rare occasion where she allowed her personal feelings interfere with investigations.[10] It has been mentioned by Morgan that she has problems trusting others, preferring to handle things independently instead of asking others to help, but it was revealed that this reluctance is due to her long background as an undercover agent.
Ian Doyle and "Death"[edit]
In the sixth season, Agent Prentiss is notified by her former superiors at Interpol that a man named Ian Doyle has escaped from prison in North Korea. Later, after returning home from work, Prentiss receives several hang-up calls on her home phone from an unknown caller. Upon her return home on a subsequent night, she finds an anonymous gift on her doorstep, containing a single purple flower. She experiences a flashback to a past undercover job in Italy, during which she was acting as his girlfriend and surveiling Doyle. Recognizing that the gift of the purple flower means Doyle knows where she lives, Prentiss flees. In "Coda", Prentiss enlists two former Interpol colleagues in hunting Doyle. Tsia Mosely, one of her Interpol colleagues, gets shot in the head by Doyle while visiting someone.[15] At the end of that episode, Prentiss sneaks out of a meeting in order to save her BAU colleagues from Doyle.
At the beginning of "Lauren", it is revealed that Prentiss had been a spy eight years previously, on a task force profiling terrorists; while undercover, she met Ian Doyle (an arms dealer) and became his lover. Her betrayal of Doyle led to his arrest and subsequent imprisonment, including time in a North Korean prison. Prentiss tracks down Doyle in Boston and tries to kill him, but he takes her hostage. Later, Rossi realized that she left their team meeting suddenly in order to protect them from Doyle as it was Prentiss that Doyle was after. Hotch says they will treat Doyle as an unsub and Prentiss as his victim, and profile them just as they would in any other case.
They eventually track them down to an abandoned building in Boston and arrive with a SWAT team. Prentiss reveals to Doyle that his son, whom Doyle believed had been killed, is actually alive, and that she staged photos of executing the boy in order to get Doyle to break under interrogation in North Korea. After an intense fight, Doyle manages to stab Prentiss in the abdomen with a broken table leg. Even though she is dying, she refuses to tell him where his son is hiding, and Doyle escapes shortly before Morgan reaches her. In the hospital, the BAU team is notified that Prentiss has died. They are seen attending her funeral. The last scene, however, reveals she is alive and in Paris, where JJ meets her and gives her an envelope with "passports from three different countries, and a bank account in each one to keep [her] comfortable".
Returning to the BAU[edit]
In the season seven premiere, Morgan captures Doyle and Emily returns to the BAU to assist the team in finding who kidnapped Doyle's son.[16] The team comes under fire from the judiciary panel for their retaliatory actions to avenge Prentiss's death, but everyone stands their ground to protect the team. Section Chief Erin Strauss later reveals to them that the committee was persuaded by Prentiss' defense and eventually decided to lift the BAU's suspensions although they will still be "keeping a close eye" on the members. Reid, who is still angry over her 'death' refuses to speak to her or JJ or even look them in the eye. At the end of "Proof", Prentiss talks it through with him and they make amends.[17] In the premiere it is also revealed that Garcia has been taking care of her cat, Sergio, and when she inquires about him, Garcia jokingly states that she wants visitation rights.
In the season seven finale, Prentiss receives an offer to run Interpol's London office. While still pondering her decision on the offer, Prentiss decides to leave the BAU. In the season eight premiere, Morgan and Garcia mention seeing her while they were in London and that Emily is doing fine.
Brewster returned for guest appearances in the season 9 episode "200" in 2014 and the season 11 episode "Tribute" in early 2016 before returning as a regular cast member in the season 12 episode "Taboo" later in the year.[18]
She is now the Unit Chief of the BAU, following the departure of Aaron Hotchner.[19]
References[edit]
Jump up ^ Ausiello, Michael (June 14, 2010). "Breaking: 'Criminal Minds' drops A.J. Cook". Entertainment Weekly. Time Inc. Archived from the original on June 16, 2010. Retrieved June 17, 2010.
Jump up ^ Wightman, Catriona (June 17, 2010). "'Criminal Minds' stars slam AJ Cook axe". Digital Spy. Retrieved June 17, 2010.
Jump up ^ Andreeva, Nellie (May 2011). "Paget Brewster Returning To 'Criminal Minds' Next Season, Rachel Nichols Leaving". Deadline. Retrieved 2016-03-12.
Jump up ^ "Look Who's Back! Paget Brewster Returning to Criminal Minds". eonline.com. Retrieved 31 August 2016.
Jump up ^ Ausiello, Michael; Ausiello, Michael (30 August 2016). "Criminal Minds: Paget Brewster Upped to Series Regular in Season 12 Following Thomas Gibson's Firing". tvline.com. Retrieved 31 August 2016.
Jump up ^ "Cold Comfort", Season 4 Episode 14
Jump up ^ "Annihilator", Season 13 Episode 15
Jump up ^ "Lessons Learned", Season 2 Episode 10
Jump up ^ "Lauren" Season 6 Episode 18
^ Jump up to: a b c "Demonology", Season 4 Episode 17
Jump up ^ "Honor Among Thieves", Season 2 Episode 20
Jump up ^ "
A million years ago when Paget was still on the show, they came up with this storyline that Paget's character was gonna like, get up out of bed, and there was gonna be a woman in bed with her, and..." You Gotta Have An Aquafina Man Mindset. Retrieved 2018-01-29.
Jump up ^ "AfterEllen's podcast "Let's Process" Episode Five: Kirsten Vangsness - AfterEllen". AfterEllen. 2015-02-23. Retrieved 2018-01-29.
Jump up ^ "*EXCLUSIVE INTERVIEW* Paget Brewster on Coming Home, Emily's Future!". criminalmindsfans.com. Retrieved 2018-01-29.
Jump up ^ "Valhalla", Season 6 Episode 17
Jump up ^ "It Takes a Village", Season 7 Episode 1
Jump up ^ "Proof", Season 7 Episode 2
Jump up ^ "Taboo", Season 12, Episode 3
Jump up ^ "Elliot's Pond", Season 12, Episode 6
External links[edit]
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Rehabilitation of Offenders Act 1974
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Rehabilitation of Offenders Act 1974
Parliament of the United Kingdom
Long title
An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith.
Citation
1974 c. 53
Introduced by
Kenneth Marks
Territorial extent
United Kingdom
Dates
Royal assent
31 July 1974
Status: Current legislation
Text of statute as originally enacted
The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period.[1] Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past. The rehabilitation period is automatically determined by the sentence. After this period, if there has been no further conviction the conviction is "spent" and, with certain exceptions, need not be disclosed by the ex-offender in any context such as when applying for a job, obtaining insurance, or in civil proceedings. A conviction for the purposes of the ROA includes a conviction issued outside Great Britain (see s1(4) of the 1974 Act) and therefore foreign convictions are eligible to receive the protection of the ROA.[2]
Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (section 139), the Act as it applies in England and Wales was updated to provide new rehabilitation periods – with most convictions becoming spent in a shorter amount of time.[3] For adults, the rehabilitation period is one year for community orders, two years for custodial sentences of six months or less, four years for custodial sentences of over six months and up to and including 30 months, and seven years for custodial sentences of over 30 months and up to and including 48 months. Custodial sentences of over four years will never become spent and must continue to be disclosed when necessary. Under the 2012 Act, the rehabilitation period starts on the date of conviction in the case of fines, but for custodial sentences it starts after the offender has completed the sentence (including time on licence) and for community orders it starts when the order ceases to have effect. For example, an offender who received a two-year prison sentence will see the conviction spent six years from date of conviction - (two year sentence + four year rehabilitation period). For offenders who are under the age of 18 when convicted, the rehabilitation period is half that of an adult.
A conviction that is spent under British law may not be so considered elsewhere. For example, criminal convictions must be disclosed when applying to enter the United States; spent convictions are not excluded for US immigration purposes under US law.
The Act makes it an offence for anyone with access to criminal records to disclose spent convictions unless authorised to do so. The Act makes it a more serious offence to obtain such information by means of fraud, dishonesty or bribe.[2]
Contents
[hide]
1 Exemptions
1.1 ROA where profession or employment is not subject to the exceptions or exemptions
1.2 Applications for adoption, fostering and for firearms certificates
1.3 Role of previous convictions in criminal proceedings
1.4 Role of previous convictions in sentencing proceedings
1.5 UCAS admissions and university applications
2 Rehabilitation and actions for libel under English law
3 Police cautions
4 2014 amendments
5 See also
6 References
7 External links
Exemptions[edit]
Certain professions and employments are exempt from the Act so that individuals are not allowed to withhold details of previous convictions in relation to their job when applying for positions in similar fields. These professions include :
Those working with children and other vulnerable groups, such as teachers and social workers
Those working in professions associated with the justice system, such as solicitor or barrister, police, court clerk, probation officer, prison officer and traffic warden
Doctors, dentists, pharmaceutical chemists, registered pharmacists, pharmacy technicians, nurses or paramedics
Accountants
Veterinary surgeons
Managers of unit trusts
Anyone applying to work as an officer of the Crown
Employees of the RSPCA or SSPCA whose duties extend to the humane killing of animals
Any employment or other work normally carried out in bail hostels or probation hostels
Certain officials and employees from government and public authorities with access to sensitive or personal information or official databases about children or vulnerable adults
Any office or employment concerned with providing health services which would normally enable access to recipients of those health services
Officers and other persons who execute various court orders
Anyone who as part of their occupation occupies premises where explosives are kept under a police certificate
Contractors who carry out various kinds of work in tribunal and court buildings
Certain company directorships, such as those for banks, building societies and insurance companies
Certain civil service positions are excluded from the Act, such as employment with the Civil Aviation Authority and the UK Atomic Energy Authority.[4]
Taxi drivers and other transport workers.
Butlers and other domestic staff
Aside from these trades and professions, the law also exempts organisations if the question is asked:
by or on behalf of The Football Association, The Football League or Premier League to assess someone’s suitability to work as, or supervise or manage, a steward at football matches.
by the Financial Conduct Authority, Prudential Regulation Authority and certain other bodies involved in finance, when asked to assess the suitability of a person to hold a particular status in the financial and monetary sectors.
to assess a person’s suitability to adopt children, or a particular child, or a question about anyone over the age of 18 living with such a person.
However, it should be noted that disclosure of a criminal conviction where necessary, i.e. not covered by the Rehabilitation of Offenders Act 1974, or after the 2014 change, which introduced protected convictions, does not automatically bar a particular individual from employment in a given profession. For instance, notable cases include Khalid Missouri, a former robber turned successful and respected solicitor;[5][6] Gary Bell, a former fraudster turned high-profile successful barrister and Queen's Counsel;[7] and Selwyn Strachan, who was convicted of murder in Grenada and served a sentence of 40 years.[8][9] Similar cases can also be found in both education, medicine, domestic employment, as well as other profession. In short, each case is determined on its own merits even where disclosure is necessary because the conviction either cannot become spent or is exempt from the protections of the Act.
ROA where profession or employment is not subject to the exceptions or exemptions[edit]
For purposes of employment in a field that is covered by the Rehabilitation of Offenders Act 1974 and not subject to the Exceptions Order, once a conviction is ‘spent’, the person is considered rehabilitated and the Act treats the person as if they had never committed an offence. As a result, the conviction or caution in question does not need to be disclosed by the person when applying for most jobs, educational courses, insurance, housing applications or other purposes, unless the role applied for is ‘exempt’ from the Act. If a role is covered by the Act, it is unlawful for an employer to refuse to employ a person (or dismiss an existing employee) because the individual has a ‘spent’ caution or conviction. It is also unlawful for an organisation to knowingly carry out (or enable someone else to obtain) a Disclosure and Barring Service (DBS) check on a person for a role which is covered by the Act. If a role is covered by the Act, the employer is only legally entitled to carry out a basic criminal check known as a Basic Disclosure (provided by DBS) which will reveal only ‘unspent’ convictions.[10]
Applications for adoption, fostering and for firearms certificates[edit]
There are also a number of proceedings before a "judicial authority" (widely defined) that are excluded from the Act, and where spent convictions can be disclosed. These include applications for adoption or fostering, and for firearms certificates.[4] Adoption and foster services are required to discuss with applicants if they have a criminal record and whether this raises concerns about their suitability to be a parent through adoption. All applicants have to have Disclosure and Barring Service (DBS) and other statutory checks undertaken. No convictions are regarded as "spent" for the purpose of adoption. DBS checks will record all past convictions,cautions and bind overs. However, applicants will not be automatically excluded if they have had problems with the law but we need to understand the circumstance at the time and any likely implications for the future. Violent offences will generally disqualify applicants unless there are very special circumstances.[11]
Role of previous convictions in criminal proceedings[edit]
Previous convictions can be cited in criminal proceedings, even if they are spent. However, the Lord Chief Justice and the Home Office has advised the Courts that spent convictions should not be mentioned except in very special circumstances.[2]
Under the Rehabilitation of Offenders Act 1974 (the Act) an offender who is sentenced to a period of thirty months imprisonment or less, and after the retrospective 2014 amendments, forty-eight months imprisonment or less, becomes 'rehabilitated' once a certain period of time specified by the Act has passed. This means that the offender is treated for all purposes in law as though he or she had not committed, or been charged or prosecuted or convicted of the offence.
Since 8 December 2008 cautions, conditional cautions, reprimands and warnings are all subject to the provisions of the Act.
By virtue of section 7(2)(a) of the 1974 Act rehabilitated or "spent" convictions are admissible in criminal proceedings where they are relevant to "the determination of any issue." This is a narrow exception, which allows a sentencing court to have regard to all previous convictions including spent convictions in determining the appropriate sentence. However, there are special rules about how spent convictions are to be presented in court. These are found in the Criminal Practice Directions [2013] EWCA Crim 1631 at CPD Evidence 35A: SPENT CONVICTIONS which provides that:
the court and advocates should avoid mention of a spent conviction wherever it can reasonably be avoided: Practice Direction paragraph 35A3;
any spent convictions shown on a record of previous convictions handed to the court should be marked as such: Practice Direction paragraph 35A3; and
no reference should be made to the spent conviction in open court without the authority of the judge, which should not be given unless it would be in the interests of justice to do so: Practice Direction paragraph 1.6.6.[12]
Role of previous convictions in sentencing proceedings[edit]
The Criminal Justice Act 2003, s. 143(2) provides that:
In considering the seriousness of an offence (‘the current offence’) committed by an offender who has one or more previous convictions, the court must treat each previous conviction as an aggravating factor if (in the case of that conviction) the court considers that it can reasonable be so treated having regard, in particular, to—
(a) the nature of the offence to which the conviction relates and its relevance to the current offence, and
(b) the time that has elapsed since the conviction.
As noted by some academic scholars, this provision creates "obvious tension."[13] For instance, while this section indicates that a court is bound ('must') to treat each previous conviction as an aggravating factor, the mandatory words are somewhat softened by the later phrase, 'if the court considers that it can reasonably be so treated.' This provision in the Criminal Justice Act 2003 is also in tension with its 'limited retributivism' theory of punishment, which underpins the sentencing framework in England and Wales.[14] This is because, generally, increased punishment for subsequent offences based on previous offending, is contrary to retributive principles of punishment and is more closely aligned with utilitarian theories of punishment.[15] Further, in practice (and in contrast to the United States Sentencing Guideline grid, which governs sentencing practice and policy in the federal system) previous convictions, whether spent or unspent (and there is a ten (10) year time limit for consideration of adult convictions) do not lead to a linear increase in sentencing in England and Wales.
UCAS admissions and university applications[edit]
Applicants to university courses are only required to declare their relevant criminal convictions, cautions and verbal bind overs on their UCAS forms. UCAS applicants are required to declare only ‘relevant’ criminal convictions, ‘relevant’ being defined as offences against the person, whether of a violent or sexual nature or offences involving supplying controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking.[16] Non-relevant criminal convictions, i.e. those not specifically defined as relevant, should not be declared unless specifically required on the application; applications which require disclosure of non-relevant criminal convictions are medicine, teaching and jobs related to or involving children. Criminal convictions are divided into two categories: relevant and non-relevant and both can be considered spent under the act and once a conviction is spent, whether a conviction is relevant or non-relevant, it should not be disclosed on the UCAS application. More recently, the question concerning criminal convictions is no longer mandatory on UCAS forms and will not generate a hold. The impetus for this change is to broaden the availability of education and access to education.[17][18] Spent criminal convictions are protected by s. 2 and s. 56 of the Data Protection Act 1998 and it is also a criminal offence to disclose an individual's spent criminal conviction.[19]
Rehabilitation and actions for libel under English law[edit]
Section 8 of the Act, if a person can prove that the details of a spent conviction were published with a primary motive of causing damage to the subject (malice), then the publisher may be subject to libel damages regardless of whether the details were true or not. This applies where the publisher is relying on a defence of qualified privilege or justification.
According to reference book Media and the Law, although British media remain free to publish the details of spent convictions, provided they are not motivated by malice, they generally avoid mention of such convictions after rehabilitation.[20] On one hand, media barrister Hugh Tomlinson QC is of the opinion that "in practice, the law of libel provides no sanction against the publication of spent convictions".[21] On the other hand, Tom Crone, a leading lawyer who has worked for high-profile news outlets and authored the reference book Law and the Media, has argued that pursuant to section 8 of the ROA, which provides that where publication of a 'spent' conviction is 'made with malice,' a defendant to libel proceedings shall not be entitled to reply on a plea of justification. In other words, where malice is proved the claimant's crimes will be treated for the purposes of his libel action as if they had never occurred.[22] Malice is defined in English law as 'published with an irrelevant, spiteful or improper motive.'[23] This is in stark contrast to the United States where media outlets may report on even expunged convictions, which are a legal nullity (meaning they legally do not exist any more).[24]
In England and Wales, in most instances, claimants have been successful in achieving settlements prior to litigation with various news firms where they can establish that the publication of a spent conviction was motivated by 'malice.'[25] Additionally, many individuals have been successful in requesting removal of spent convictions from search engines and other public forums after the ECJ's recent right to be forgotten decision.[26]
Police cautions[edit]
The Act was extended to cover police cautions in 2008.[27] A caution is considered to be spent as soon as it is given.
2014 amendments[edit]
The amendments to the Rehabilitation of Offenders Act 1974 made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in England and Wales came into effect on Monday 10 March 2014 and changed the way some rehabilitation periods are set so that they are fairer and better reflect the seriousness of the sentences imposed.
Under the new system, rehabilitation periods for community orders and custodial sentences comprise the period of the sentence plus an additional specified period, rather than all rehabilitation periods starting from the date of conviction as it was under the old regime. So, for example, an adult offender sentenced to two-and-a-half years' custody, who would previously have had to declare their criminal conviction for ten years from the date of conviction, now has to disclose their conviction for the period of the sentence plus a further four years (giving a total rehabilitation period of 6.5 years).
Under the reforms, the rehabilitation periods changed to:
For custodial sentences:
Sentence length Previous rehabilitation period (applies from date of conviction) New rehabilitation period is period of sentence plus the ‘buffer’ period below which applies from end of sentence)
0 – 6 months 7 years 2 years
6 – 30 months 10 years 4 years
30 months - 4 years Never spent 7 years
Over 4 years Never spent Never spent
For non-custodial sentences:
Sentence Previous rehabilitation period (applies from date of conviction) Buffer period (will apply from end of sentence)
Community order (& Youth Rehabilitation Order) 5 years 1 years
Sentence Previous period New period
Fine 5 years 1 years (from date of conviction)
Absolute discharge 6 months None
conditional discharge, referral order, reparation order, action plan order, supervision order, bind over order, hospital order Various – mostly between one year and length of the Order Period of order
As with the previous scheme, the above periods are halved for persons under 18 at date of conviction (except for custodial sentences of up to 6 months where the buffer period will be 18 months for persons under 18 at the date of conviction). The changes were made "to finally tackle our stubbornly high reoffending rates that currently see almost half of all prisoners commit further crime within a year of release."[28] An online calculator of whether a conviction is spent can be found at the Unlock for People's with Convictions Website.[29]
See also[edit]
Right to be forgotten
References[edit]
Jump up ^ Smith, William (2015-12-12). "NACRO Changing Lives, Reducing Crime" (PDF). Nacro. NACRO. Retrieved 2015-12-12.
^ Jump up to: a b c http://hub.unlock.org.uk/knowledgebase/rehabilitation-offenders-act-1974-2/
Jump up ^ "Hundreds of thousands of criminals to get clean slate in law change". Telegraph.co.uk. Retrieved 2015-12-16.
^ Jump up to: a b http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the-rehabilitation-of-offenders/exceptions-to-the-roa.html The full list of professions exempt from the Rehabilitation of Offenders Act 1974
Jump up ^ "Becoming a solicitor - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-11-14.
Jump up ^ "Robber allowed to qualify as a solicitor in the same court that jailed him". Mail Online. Retrieved 2015-11-14.
Jump up ^ "Gary was a fraudster. Now he's a barrister with a TV show". Telegraph.co.uk. Retrieved 2015-11-14.
Jump up ^ "Wannabe solicitor with murder conviction is allowed to do the LPC - Legal Cheek". Legal Cheek. Retrieved 2015-11-14.
Jump up ^ Charles, Mr. Justice (23 June 2014). "Selwyn Strachan v. Law Society, High Court of Justice Queen's Bench Division" (PDF). High Court of Justice Queen's Bench Division. High Court of Justice Queen's Bench Division. Retrieved 13 November 2015.
Jump up ^ https://www.nacro.org.uk/wp-content/uploads/2014/05/rehabilitation-of-offenders-act-1974-guide.pdf
Jump up ^ "Who Can Adopt? | Fostering & Adoption". www.fosteringinbrightonandhove.org.uk. Archived from the original on 2015-12-22. Retrieved 2015-12-16.
Jump up ^ "Sentencing - General Principles : Legal Guidance : Crown Prosecution Service". www.cps.gov.uk. Retrieved 2015-12-16.
Jump up ^ Ashworth, Andrew (2010). Sentencing and Criminal Justice. Cambridge: Cambridge University Press. pp. 210–212.
Jump up ^ Halliday, J (2001). Review of the Sentencing Framework for England and Wales. United Kingdom: Home Office.
Jump up ^ Roberts, Julian V. (2008). Punishing Persistence: Explaining the Enduring Appeal of the Recidivist Sentencing Premium. British Journal of Criminology. pp. 468–469.
Jump up ^ Editor, LSE Corporate Web. "Criminal convictions - Applicants in progress - Graduate - Study - Home". www.lse.ac.uk. Retrieved 2015-12-02.
Jump up ^ http://www.ox.ac.uk/admissions/graduate/applying-to-oxford/university-policies/criminal-convictions
Jump up ^ "Learning and Teaching Handbook : 1.2.6: Admissions Procedures in respect of Undergraduate Applicants with Criminal Convictions - Durham University". www.dur.ac.uk. Retrieved 2015-12-02.
Jump up ^ "Law change outlaws 'back door' criminal record check". ico.org.uk. 2015-08-27. Retrieved 2015-12-16.
Jump up ^ Crone, Tom; et al. (2002-06-05). Law and the Media. Focal Press. pp. 14–15. ISBN 0-240-51629-X.
Jump up ^ http://inforrm.wordpress.com/2011/03/02/libel-privacy-and-forgetting-claims-by-rehabilitated-offenders-hugh-tomlinson-qc/
Jump up ^ Crone, Tom (2013-07-31). Law and the Media. CRC Press. ISBN 9781136024429.
Jump up ^ "Reporting of criminal records in the media - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-12-17.
Jump up ^ "Lorraine Martin v. Hearst Corporation, et al" (PDF). United States Court of Appeals for the Second Circuit. United States Court of Appeals. January 28, 2015. Retrieved December 16, 2015.
Jump up ^ "What are the reporting restrictions on spent convictions?". www.inbrief.co.uk. Retrieved 2015-12-16.
Jump up ^ "Google's 'right to be forgotten' - but does it help people with convictions? - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions". hub.unlock.org.uk. Retrieved 2015-11-14.
Jump up ^ Criminal Justice and Immigration Act 2008, Schedule 10
Jump up ^ "Reforms to help reduce reoffending come into force - Press releases - GOV.UK". www.gov.uk. Retrieved 2015-12-16.
Jump up ^ "Unlock Criminal Record Disclosure Calculator". www.disclosurecalculator.org.uk. Retrieved 2015-12-16.
External links[edit]
Text of the Rehabilitation of Offenders Act 1974 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
Ministry of Justice Guidance to the ROA
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List of 2018 Winter Olympics broadcasters
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Part of a series on the
2018 Winter Olympics
Bid process (bid details)
Venues
Torch relay
Mascots
Broadcasters
Opening ceremony (flag bearers)
Chronological summary
Medal table (medalists)
World and Olympic records
Controversies (ban on Russian athletes)
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The 2018 Winter Olympics in Pyeongchang are televised by a number of broadcasters throughout the world. As with previous years, Olympic Broadcasting Services together with Japan’s NHK produces the world feed provided to local broadcasters for use in their coverage, including about 90 hours of content captured in 8K.[1][2]
The Games are broadcast in ultra-high resolution and high dynamic range in select markets. In South Korea, terrestrial UHD broadcasts employ ATSC 3.0 standard,[3] launched on May 31, 2017 by SBS, MBC, and KBS in major South Korean markets such as Seoul and Incheon.[4][5] In the United States UHD broadcasts are available to cable subscribers of NBCUniversal,[6] and to subscribers of satellite TV providers DirecTV and Dish Network.[7]
Broadcasters[edit]
On 29 June 2015, the IOC announced that Discovery Communications—owner of Eurosport, had acquired exclusive rights to the Olympics from 2018 through 2024 across Europe, excluding Russia, on all platforms. Discovery will sub-license its broadcast rights to local free-to-air networks on a territorial basis. Discovery's rights deal will, initially, not cover France due to pre-existing rights deals with France Télévisions that run through the 2020 Games. Unlike previous pan-European deals, such as with the European Broadcasting Union and Sportfive, Discovery will not solely serve as a reseller, and intends to carry coverage on its regional properties, but has committed to sub-licensing at least 100 hours of coverage to free-to-air networks.[8][9][10] In the United Kingdom, Discovery will sub-license exclusive pay television rights from the BBC (which still holds broadcast rights through 2020), in exchange for sub-licensing free-to-air rights to the 2022 and 2024 Olympics from Discovery.[11]
In addition, IMG was awarded the in-flight/in-ships broadcast rights.[12] The Olympic Channel will broadcast the Games across the Indian subcontinent.[13]
Territory
Rights holder
Ref
Asia Dentsu[i] [14]
Australia Seven Network [15]
Brazil Grupo Globo [16]
Canada
CBC/Radio-Canada
Bell Media
Rogers Media
TLN
[17][18]
Caribbean
International Media Content Ltd.
SportsMax
[19]
Cayman Islands Cayman 27 [20]
China CCTV [21]
Chinese Taipei ELTA [20]
Cuba ICRT [20]
Europe
Eurosport
[22]
Albania RTSH [23]
Andorra RTVA [20]
Armenia APMTV [24]
Austria ORF [25]
Azerbaijan
AzTV
İdman TV
[26][27]
Belarus Belteleradio [28]
Belgium VRT [29]
Bosnia and Herzegovina BHRT [30][31]
Bulgaria BNT [32]
Croatia HRT [33]
Czech Republic ČT [34][35]
Denmark DR [36]
Estonia Eesti Meedia [37]
Finland Yle [38]
Georgia GPB [39]
Germany
ARD
ZDF
[40]
Greece ERT [41]
Hungary MTVA [42]
Iceland RÚV [39]
Ireland RTÉ [43]
Israel Sport 5 [20]
Italy RAI[ii] [44][45]
Kosovo RTK [24]
Latvia LTV [39]
Liechtenstein SRG SSR [20]
Lithuania TV3 [46]
Macedonia MRT [30][47]
Moldova
TVR
TRM
[48][49][50]
Montenegro RTCG [51]
Netherlands NOS [52]
Norway TVNorge [53]
Poland TVP [54]
Portugal RTP [55]
Romania TVR [56]
Serbia RTS [57]
Slovakia RTVS [58]
Slovenia RTV [58]
Spain DMAX [59]
Sweden Kanal 5 [53]
Switzerland SRG SSR [60]
Turkey TRT [61]
Ukraine UA:PBC [62][63]
United Kingdom
BBC
Eurosport
[64][65]
France France Télévisions [66]
Hong Kong TVB [67]
Iran IRIB Varzesh [68]
Japan Japan Consortium [69]
Kazakhstan RTRK [70]
Kyrgyzstan KTRK [71]
Latin America América Móvil [72]
Malaysia Astro [73]
MENA beIN Sports [74]
Mongolia TV5 [75]
New Zealand Sky Television [76]
North Korea SBS [77]
Oceania Sky Television [76]'
Pakistan PTV [78]
Philippines TV5 Network [20][79]
Russia
Perviy Kanal
VGTRK
Match TV
[80][81]
Singapore
Eleven Sports Network
MediaCorp
[82]
South Africa
SABC
SuperSport
[83]
South Korea
SBS
MBC
KBS
[77][84]
Sub-Saharan Africa
Econet Media
SuperSport
[83]
Tajikistan Varzish TV [85]
Thailand Workpoint TV [20]
United States NBCUniversal [86]
Uzbekistan Uzreport TV [87]
Vietnam VTV [88]
Notes
Jump up ^ Rights to be sold to local broadcaster
Jump up ^ Including microstate of San Marino and Vatican City[20]
References[edit]
Jump up ^ Frazer, Bryant (8 February 2018). "NBC's 4K HDR Olympics by the Numbers — and the Broadcast Tech Behind It". studiodaily. Studiodaily.com. Retrieved 13 February 2018.
Jump up ^ Pennington, Adrian (31 January 2018). "Winter Olympics innovates with 8K HDR and live 5G production firsts". ibc.org. Retrieved 13 February 2018.
Jump up ^ Carter, Jamie (4 February 2018). "The top tech at the 2018 Winter Olympics: 5G, VR, 4K, bullet time and SmartSuits". South China Morning Post. scmp.com. Retrieved 13 February 2018.
Jump up ^ "South Korean Broadcasters Ready to Launch ATSC 3.0". TV Technology. Retrieved 2017-11-17.
Jump up ^ Harvey, Steve (1 February 2018). "2018 A Crucial Year for ATSC 3.0". Pro Sound News. Prosoundnetwork.com. Retrieved 13 February 2018.
Jump up ^ "Ways to Watch the Winter Olympics in 4K UHD with X1". Xfinity. xfinity.com. Retrieved 13 February 2018.
Jump up ^ "XXIII Olympic Winter Games". mydish. mydish.com. Retrieved 13 February 2018.
Jump up ^ "IOC awards European broadcast rights to SPORTFIVE". ESPN. 18 February 2009. Retrieved 13 August 2013.
Jump up ^ "Discovery Lands European Olympic Rights Through '24". Sports Business Journal. Retrieved 1 July 2015.
Jump up ^ "BBC dealt another blow after losing control of TV rights for Olympics". The Guardian. Retrieved 30 June 2015.
Jump up ^ "Olympics coverage to remain on BBC after Discovery deal". The Guardian. Retrieved 7 June 2016.
Jump up ^ "IOC appoints IMG as inflight rights holder for Olympic Games". getconnected.aero. Get Connected. 24 January 2018. Retrieved 25 January 2018.
Jump up ^ "Olympic Channel to broadcast PyeongChang 2018 across India and sub-continent". International Olympic Committee. Olympic.org. 7 February 2018. Retrieved 7 February 2018.
Jump up ^ "IOC awards 2018-2024 broadcast rights in Asia". International Olympic Committee. Olympic.org. 29 July 2015. Retrieved 29 July 2015.
Jump up ^ "Seven Network reclaims rights to broadcast Summer Olympics in Rio de Janeiro in 2016 and Tokyo in 2020". News.com.au. 9 July 2014. Retrieved 9 July 2014.
Jump up ^ "IOC reaches agreement for broadcast rights in Brazil with Grupo Globo through to 2032". International Olympic Committee. Olympic.org. 10 December 2015. Retrieved 11 December 2015.
Jump up ^ "IOC awards 2018-2020 broadcast rights in Canada". International Olympic Committee. Olympic.org. 28 October 2014. Retrieved 29 October 2014.
Jump up ^ Carp, Sam (16 January 2018). "TLN seals Olympic rights in Canada". SportsPro. Sportspromedia.com. Retrieved 16 January 2018.
Jump up ^ Furlong, Christopher (20 July 2016). "IOC awards 2018-2020 broadcast rights in the Caribbean". International Olympic Committee. Olympic.org. Retrieved 21 July 2016.
^ Jump up to: a b c d e f g h i "PyeongChang 2018 Broadcasters". PyeongChang 2018 Olympics | Next Winter Games in Korea. International Olympic Committee. 2 February 2018. Retrieved 4 February 2018.
Jump up ^ "IOC awards 2018-2024 broadcast rights in China". International Olympic Committee. Olympic.org. 4 December 2014. Retrieved 4 December 2014.
Jump up ^ "IOC awards all TV and multiplatform broadcast rights in Europe to Discovery and Eurosport for 2018-2024 Olympic Games". International Olympic Committee. Olympic.org. 29 June 2015. Retrieved 29 June 2015.
Jump up ^ "13 ditë nga nisja e olimpiadës dimërore" (in Albanian). Radio Televizioni Shqiptar. 26 January 2018. Retrieved 30 January 2018. Sikundër çdo veprimtari madhore sportive, edhe kjo Olimpiadë Dimërore do të sillet e gjitha për sportdashësit drejtpërdrejt nga Rrjeti i Radio-Televizionit Shqiptar.
^ Jump up to: a b Connoly, Eoin (17 May 2017). "Wednesday's Daily Deal Round-Up: Olympic partnerships for Discovery and more". SportsPro. Sportspromedia.com. Retrieved 17 May 2017.
Jump up ^ Pavitt, Michael (13 June 2016). "Austrian broadcaster ORF agree deal for Pyeongchang 2018 and Tokyo 2020". inside the games. Retrieved 13 June 2016.
Jump up ^ "TV Proqram". aztv.az. AzTV. 8 February 2018. Retrieved 8 February 2018.
Jump up ^ "Proqram". idmantv.az. Idman TV. 8 February 2018. Retrieved 8 February 2018.
Jump up ^ Dziadul, Chris (5 October 2016). "Discovery inks Belarus Olympics deal". Broadband TV News. Broadbandtvnews.com. Retrieved 5 October 2016.
Jump up ^ "Olympische Spelen 2018 en 2020 bij VRT". vrt.be. VRT. 24 January 2018. Retrieved 26 January 2018.
^ Jump up to: a b "Late Olympics rights deals struck in Bosnia, Macedonia". Sport Business. Sportbusiness.com. 8 February 2018. Retrieved 8 February 2018.
Jump up ^ "Saopštenje za javnost: Upravni odbor BHRT-a [30.01.2018.] - BHRT" (in Bosnian). Radio and Television of Bosnia and Herzegovina (BHRT). 30 January 2018. Retrieved 3 February 2018.
Jump up ^ "БНТ ще излъчва Зимните олимпийски игри 2018". bnt.bg (in Bulgarian). Bulgarian National Television (BNT). Retrieved 30 January 2018.
Jump up ^ Lloyd, Tom (2 June 2016). "Discovery sign Croatian and Irish Olympic deals". SportsPro. Retrieved 2 June 2016.
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