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Rehabilitation of Offenders Act 1974

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5 Rehabilitation periods for particular sentences.E+W

(1)The sentences excluded from rehabilitation under this Act are—

(a)a sentence of imprisonment for life;

(b)a sentence of imprisonment [F1youth custody][F2detention in a young offender institution] or corrective training for a term exceeding [F3thirty months[F3 forty eight months ]];

(c)a sentence of preventive detention; . . . F4

(d)a sentence of detention during Her Majesty’s pleasure or for life [F5under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F6or under section 209 or 218 of the Armed Forces Act 2006,][F7or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,][F8or a sentence of detention for a term exceeding [F3thirty months[F3 forty eight months ]] passed under section 91 of the said Act of 2000][F9(young offenders convicted of grave crimes) [F10or section 209 of the said Act of 2006] or under section 206 of the said Act of 1975 (detention of children convicted on indictment)]. . . [F11and

(e)a sentence of custody for life]; [F12and]

[F13(f)a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section [F14 226A, 226B, ]227 or 228 of that Act[F15 (including any sentence within this paragraph passed as a result of any of sections 219 to 222 of the Armed Forces Act 2006)]]

and any other sentence is a sentence subject to rehabilitation under this Act .

[F16(1A)In [F17subsection (1)(d)[F17 this section ]]

(a)references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b)the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.]

(2)[F18For the purposes of this Act—

(a)the rehabilitation period applicable to a sentence specified in the first column of Table A below is the period specified in the second column of that Table in relation to that sentence, or, where the sentence was imposed on a person who was under [F19 eighteen years of age] at the date of his conviction, half that period; and

(b)the rehabilitation period applicable to a sentence specified in the first column of Table B below is the period specified in the second column of that Table in relation to that sentence;

reckoned in either case from the date of the conviction in respect of which the sentence was imposed.]

[F18For the purposes of this Act and subject to subsections (3) and (4), the rehabilitation period for a sentence is the period—

(a)beginning with the date of the conviction in respect of which the sentence is imposed, and

(b)ending at the time listed in the following Table in relation to that sentence:

SentenceEnd of rehabilitation period for adult offendersEnd of rehabilitation period for offenders under 18 at date of conviction
A custodial sentence of more than 30 months and up to, or consisting of, 48 monthsThe end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completedThe end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of more than 6 months and up to, or consisting of, 30 monthsThe end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completedThe end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 6 months or lessThe end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completedThe end of the period of 18 months beginning with the day on which the sentence (including any licence period) is completed
Removal from Her Majesty's serviceThe end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposedThe end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A sentence of service detentionThe end of the period of 12 months beginning with the day on which the sentence is completedThe end of the period of 6 months beginning with the day on which the sentence is completed
A fineThe end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposedThe end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A compensation orderThe date on which the payment is made in fullThe date on which the payment is made in full
A community or youth rehabilitation orderThe end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effectThe end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect
A relevant orderThe day provided for by or under the order as the last day on which the order is to have effectThe day provided for by or under the order as the last day on which the order is to have effect]

TABLE A

Rehabilitation periods subject to reduction by half for persons [F20under 18]

SentenceRehabilitation period
A sentence of imprisonment [F21detention in a young offender institution][F22or youth custody] or corrective training for a term exceeding six months but not exceeding thirty months.Ten years
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service.Ten years
A sentence of imprisonment [F21detention in a young offender institution][F22or youth custody] for a term not exceeding six months.Seven years
A sentence of dismissal from Her Majesty’s service.Seven years
[F23Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,] in respect of a conviction in service disciplinary proceedings.Five years
A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) [F24, (4A) to (8) below applies.Five years

(3)Where no provision is made by or under a community or youth rehabilitation order or a relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction.

(4)There is no rehabilitation period for—

(a)an order discharging a person absolutely for an offence, or

(b)any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under subsection (3),

and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil.

(5)See also—

(a)section 8AA (protection afforded to spent alternatives to prosecution), and

(b)Schedule 2 (protection for spent cautions).

(6)The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3).

F25( 6A )Where in respect of a conviction a detention and training order was made under [F26section 100 of the Powers of Criminal Courts (Sentencing) Act 2000][F27, or an order under section 211 of the Armed Forces Act 2006 was made], the rehabilitation period applicable to the sentence shall be—

(a)in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;

(b)in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect.

(7)For the purposes of this section—

(a)consecutive terms of imprisonment or other custodial sentences are to be treated as a single term,

(b)terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term,

(c)no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed,

(d)no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect,

(e)no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000,

(f)a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds.

(8)In this section—

  • community or youth rehabilitation order ” means—

    (a)

    a community order under section 177 of the Criminal Justice Act 2003,

    (b)

    a service community order or overseas community order under the Armed Forces Act 2006,

    (c)

    a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or

    (d)

    any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),

  • custodial sentence ” means—

    (a)

    a sentence of imprisonment,

    (b)

    a sentence of detention in a young offender institution,

    (c)

    a sentence of Borstal training,

    (d)

    a sentence of youth custody,

    (e)

    a sentence of corrective training,

    (f)

    a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006,

    (g)

    a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or an order under section 211 of the Armed Forces Act 2006,

    (h)

    any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g),

  • earlier statutory order ” means—

    (a)

    an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home,

    (b)

    an approved school order under section 57 of that Act, or

    (c)

    any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above,

  • relevant order ” means—

    (a)

    an order discharging a person conditionally for an offence,

    (b)

    an order binding a person over to keep the peace or be of good behaviour,

    (c)

    an order under section 1(2A) of the Street Offences Act 1959,

    (d)

    a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order),

    (e)

    a referral order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000,

    (f)

    an earlier statutory order, or

    (g)

    any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3),

    but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000,

  • removal from Her Majesty's service ” means a sentence of dismissal with disgrace from Her Majesty's service, a sentence of dismissal from Her Majesty's service or a sentence of cashiering or discharge with ignominy,

  • sentence of imprisonment ” includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly),

  • sentence of service detention ” means—

    (a)

    a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or

    (b)

    any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).]

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Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F5Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)

F6Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(i); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F8Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)

F10Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(ii); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F12Word at the end of s. 5(1)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2007/391, S.I. 2009/616, S.I. 2009/3111))

F13S. 5(1)(f) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2007/391, S.I. 2009/616, S.I. 2009/3111))

F15Words in s. 5(1)(f) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F16S. 5(1A) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(3); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F18 S. 5(2)-(8) substituted (E.W.) for s. 5(2)-(11) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(4), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

F20Words in s. 5(2) in the Heading to Table A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(b), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.

F23S. 5(2): words in Table A substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(4)(a); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F24Words in Table A in s. 5(2) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 11(1)(a)(2); S.I. 1995/127, art. 2(1), Sch. Appendix A

F25S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)

F26Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)

F27Words in s. 5(6A) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(7); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

5Rehabilitation periods for particular sentences. S

(1)The sentences excluded from rehabilitation under this Act are—

(a)a sentence of imprisonment for life;

(b)a sentence of imprisonment [F28youth custody] or corrective training for a term exceeding thirty months;

(c)a sentence of preventive detention; . . . F29

(d)a sentence of detention during Her Majesty’s pleasure or for life [F30under sections 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F6or under section 209 or 218 of the Armed Forces Act 2006,][F31or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,][or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000][F32(young offenders convicted of grave crimes) [F10or section 209 of the said Act of 2006] or under section 206 of the said Act of 1975 (detention of children convicted on indictment)]. . . [F33and

(e)a sentence of custody for life]; [F12and]

[F13(f)a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section [F14 226A, 226B,] 227 or 228 of that Act]

and any other sentence is a sentence subject to rehabilitation under this Act.

[F16(1A)In subsection (1)(d)—

(a)references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;

(b)the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.]

(2)For the purposes of this Act—

(a)the rehabilitation period applicable to a sentence specified in the first column of Table A below is the period specified in the second column of that Table in relation to that sentence, or, where the sentence was imposed on a person who was under [F34 eighteen years of age] at the date of his conviction, half that period; and

(b)the rehabilitation period applicable to a sentence specified in the first column of Table B below is the period specified in the second column of that Table in relation to that sentence;

reckoned in either case from the date of the conviction in respect of which the sentence was imposed.

TABLE A

Rehabilitation periods subject to reduction by half for persons [F35under 18]

SentenceRehabilitation period
A sentence of imprisonment [F36or youth custody] or corrective training for a term exceeding six months but not exceeding thirty months.Ten years
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service.Ten years
A sentence of imprisonment [F36or youth custody] for a term not exceeding six months.Seven years
A sentence of dismissal from Her Majesty’s service.Seven years
[F23Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence,] in respect of a conviction in service disciplinary proceedings.Five years
A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) [F37to (8)] below applies.Five years

TABLE B

Rehabilitation periods for certain sentences confined to young offenders

SentenceRehabilitation period
A sentence of Borstal training.Seven years
[F38 A custodial order under Schedule 5A to the M1 Army Act 1955 or the M2 Air Force Act 1955, or under Schedule 4A to the M3 Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.][F38Seven years]
[F39A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.][F39Seven years.]
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F40section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F41or under section 209 of the Armed Forces Act 2006] or under section [F42206 of the Criminal Procedure (Scotland) Act 1975].Five years
A sentence of detention for a term not exceeding six months passed under [F43any provision mentioned in the fourth entry in this Table].Three years
An order for detention in a detention centre made under [F44section 4 of the Criminal Justice Act 1982,] section 4 of the M4Criminal Justice Act 1961 . . . F45.Three years
[F38A custodial order under any of the Schedules to the said Acts of 1955 and 1957 mentioned above, where the maximum period of detention specified in the order is six months or less.][F38Three years]
[F46A custodial order under section 71AA of the said Acts of 1955, or section 43AA or the said Act of 1957, where the maximum period of detention specified in the order is six months or less.][F46Three years.]

[F47(2A)Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 209 of the Armed Forces Act 2006.]

(3)The rehabilitation period applicable—

(a)to an order discharging a person absolutely for an offence; and

(b)to the discharge by a children’s hearing under section [F4869(1)(b) and (12) of the Children (Scotland) Act 1995] of the referral of a child’s case;

shall be six months from the date of conviction.

(4)Where in respect of a conviction a person was conditionally discharged, bound over to keep the peace or be of good behaviour, F49. . . the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order for conditional discharge F49. . . or (as the case may be) the recognizance or bond of caution to keep the peace or be of good behaviour ceases or ceased to have effect, whichever is the longer.

[F50(4A)Where in respect of a conviction [F51[F52a probation order][F53[F52or] a community order under section 177 of the Criminal Justice Act 2003][F54or a service community order or overseas community order under the Armed Forces Act 2006] was made], the rehabilitation period applicable to the sentence shall be—

(a)in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction;

(b)in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the [F55order in question] ceases or ceased to have effect, whichever is the longer.]

[F56(4B)Where in respect of a conviction a referral order (within the meaning of [F57the Powers of Criminal Courts (Sentencing) Act 2000]) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be—

(a)if a youth offender contract takes effect under [F58section 23] of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F59section 24] of that Act) the contract ceases to have effect;

(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.

(4C)Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to [F60the Powers of Criminal Courts (Sentencing) Act 2000] (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be—

(a)if a youth offender contract takes effect under [F61section 23] of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F62section 24] of that Act) the contract ceases to have effect;

(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect.]

[F63(4D)The rehabilitation period applicable to an order under section 1(2A) of the Street Offences Act 1959 shall be six months from the date of conviction for the offence in respect of which the order is made.]

(5)Where in respect of a conviction any of the following sentences was imposed, that is to say—

(a)an order under section 57 of the M5Children and Young Persons Act 1933 or section 61 of the M6Children and Young Persons (Scotland) Act 1937 committing the person convicted to the care of a fit person;

(b)a supervision order under any provision of either of those Acts or of the M7Children and Young Persons Act 1963;

[F64(c)an order under section 413 of the Criminal Procedure (Scotland) Act 1975 committing a child for the purpose of his undergoing residential training:]

(d)an approved school order under section 61 of the said Act of 1937;

[F65(da)a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;]

(e) a care order or a supervision order under [F66section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or

(f)a supervision requirement under any provision of the [F67Children (Scotland) Act 1995;]

[F68(g) a community supervision order under Schedule 5A to the M8 Army Act 1955 or the M9 Air Force Act 1955, or under Schedule 4A to the M10 Naval Discipline Act 1957;

F69(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order or requirement ceases or ceased to have effect, whichever is the longer.

(6)Where in respect of a conviction any of the following orders was made, that is to say—

(a)an order under section 54 of the said Act of 1933 committing the person convicted to custody in a remand home;

(b)an approved school order under section 57 of the said Act of 1933; or

(c)an attendance centre order under [F70section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F71or

(d)a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;]

the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending one year after the date on which the order ceases or ceased to have effect.

F72(6A)Where in respect of a conviction a detention and training order was made under [F73section 100 of the Powers of Criminal Courts (Sentencing) Act 2000][F27, or an order under section 211 of the Armed Forces Act 2006 was made], the rehabilitation period applicable to the sentence shall be—

(a)in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;

(b)in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect.

(7)Where in respect of a conviction a hospital order under [F74Part III of the Mental Health Act 1983] or under [F75Part VI of the Criminal Procedure (Scotland) Act 1995] was made, the rehabilitation period applicable to the sentence shall be the period of five years from the date of conviction or a period beginning with that date and ending two years after the date on which the hospital order ceases or ceased to have effect, whichever is the longer.

(8)Where in respect of a conviction an order was made imposing on the person convicted any disqualification, disability, prohibition or other penalty, the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending on the date on which the disqualification, disability, prohibition or penalty (as the case may be) ceases or ceased to have effect.

(9)For the purposes of this section—

(a)sentence of imprisonment” includes a sentence of detention [F76under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975] and a sentence of penal servitude, and “term of imprisonment” shall be construed accordingly;

(b)consecutive terms of imprisonment or of detention under [F77section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F78or section 209 of the Armed Forces Act 2006] or [F79section 206 of the said Act of 1975], and terms which are wholly or partly concurrent (being terms of imprisonment or detention imposed in respect of offences of which a person was convicted in the same proceedings) shall be treated as a single term;

(c)no account shall be taken of any subsequent variation, made by a court in dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed; and

(d)a sentence imposed by a court outside Great Britain shall be treated as a sentence of that one of the descriptions mentioned in this section which most nearly corresponds to the sentence imposed.

(10)References in this section to the period during which a probation order, or a care order or supervision order under [F80the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the [F81Children (Scotland) Act 1995], is or was in force include references to any period during which any order or requirement to which this subsection applies, being an order or requirement made or imposed directly or indirectly in substitution for the first-mentioned order or requirement, is or was in force.

This subsection applies—

(a)to any such order or requirement as is mentioned above in this subsection;

(b)to any order having effect under section 25(2) of [F82the Children and Young Persons Act 1969] as if it were a training school order in Northern Ireland; and

(c)to any supervision order made under section 72(2) of the said Act of 1968 and having effect as a supervision order under the Children and Young Persons Act (Northern Ireland) 1950.

F83(10A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)The Secretary of State may by order—

(a)substitute different periods or terms for any of the periods or terms mentioned in subsections (1) to (8) above; and

(b)substitute a different age for the age mentioned in subsection (2)(a) above.

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Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F6Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(i); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F10Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(ii); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F12Word at the end of s. 5(1)(e) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(2)(a); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2007/391, S.I. 2009/616, S.I. 2009/3111))

F13S. 5(1)(f) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(2)(b); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2007/391, S.I. 2009/616, S.I. 2009/3111))

F16S. 5(1A) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(3); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F23S. 5(2): words in Table A substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(4)(a); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F27Words in s. 5(6A) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(7); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F30Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)

F35Words in s. 5(2) in the Heading to Table A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(b), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.

F37Words in Table A in s. 5(2) substituted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(2) (with Sch. 7 paras. 3(3) 5(2)); S.I. 2000/1587, art. 2(b)

F40Words in Table B in s. 5(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(3)

F41S. 5(2): words in Table B inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(4)(b)(i); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F43S. 5(2): words in Table B inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(4)(b)(ii); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F47S. 5(2A) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(5); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F48Words in s. 5(3)(b) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(a); S.I. 1996/3201, art. 3(7)

F49Words in s. 5(4) repealed (3.2.1995) by 1994 c. 33, s. 168(1)(3), Sch. 9 para. 11(1)(b)(2) Sch. 11; S.I. 1995/127, art. 2(1), Sch., Appendix A, Appendix C

F50S. 5(4A) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 11(1)(c)(2); S.I. 1995/127, art. 2(1), Sch. Appendix A

F51Words in s. 5(4A) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(a); S.I. 2001/919, art. 2(f)(ii)

F53Words in s. 5(4A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(11) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2007/391, S.I. 2009/616, S.I. 2009/3111))

F54Words in s. 5(4A) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(6); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F55Words in s. 5(4A)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(b); S.I. 2001/919, art. 2(f)(ii)

F56S. 5(4B)(4C) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(3) (with Sch. 7 paras. 3(3) 5(2)); S.I. 2000/1587, art. 2(b)

F57Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)

F58Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)

F59Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)

F60Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)

F61Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)

F62Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)

F66Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)

F67Words in s. 5(5)(f) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(b) ; S.I. 1996/3201, art. 3(7)

F70Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)

F71S. 5(6)(d) and word “or" immediately preceding it inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)

F72S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)

F73Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)

F75Words in s. 5(7) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I 2005/465), art. 2, {Sch. 1 para. 6}

F77Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)

F78Words in s. 5(9)(b) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(8); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F80Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)

F81Words in s. 5(10) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(c); S.I. 1996/3201, art. 3(7)

F82Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)

Modifications etc. (not altering text)

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