Search Legislation

Rehabilitation of Offenders Act 1974

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

There are multiple prospective versions of this provision on screen.These apply to different geographical extents. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

Rehabilitation of Offenders Act 1974, Section 7 is up to date with all changes known to be in force on or before 18 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 7:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

7 Limitations on rehabilitation under this Act, etc.E+W

(1)Nothing in section 4(1) above shall affect—

(a)any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence;

(b)the enforcement by any process or proceedings of any fine or other sum adjudged to be paid by or imposed on a spent conviction;

(c)the issue of any process for the purpose of proceedings in respect of any breach of a condition or requirement applicable to a sentence imposed in respect of a spent conviction; or

(d)the operation of any enactment by virtue of which, in consequence of any conviction, a person is subject, otherwise than by way of sentence, to any disqualification, disability, prohibition or other penalty the period of which extends beyond the rehabilitation period applicable in accordance with section 6 above to the conviction.

(2)Nothing in section 4(1) above shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to a person’s previous convictions or to circumstances ancillary thereto—

(a)in any criminal proceedings before a court in [F1Great Britain[F1 England and Wales ]] (including any appeal or reference in a criminal matter);

(b)in any service disciplinary proceedings or in any proceedings on appeal from any service disciplinary proceedings;

[F2(bb)in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;]

F3 [F4( c )in any proceedings relating to adoption, the marriage of any minor, [F5or the formation of a civil partnership by any minor,] the exercise of the inherent jurisdiction of the High Court with respect to minors or the provision by any person of accommodation, care or schooling for minors;

[F4(d)in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;]

(cc)in any proceedings brought under the Children Act 1989;]

(e)in any proceedings before a children’s hearing under the M1Social Work (Scotland) Act 1968 or on appeal from any such hearing; or

(f)in any proceedings in which he is a party or a witness, provided that, on the occasion when the issue or the admission or requirement of the evidence falls to be determined, he consents to the determination of the issue or, as the case may be, the admission or requirement of the evidence notwithstanding the provisions of section 4(1).

F6(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[F7 or

(h) in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc ). ]

F8. . . F9. . ..

(3)If at any stage in any proceedings before a judicial authority in [F10Great Britain[F10 England and Wales ]] (not being proceedings to which, by virtue of any of paragraphs (a) to (e) of subsection (2) above or of any order for the time being in force under subsection (4) below, section 4(1) above has no application, or proceedings to which section 8 below applies) the authority is satisfied, in the light of any considerations which appear to it to be relevant (including any evidence which has been or may thereafter be put before it), that justice cannot be done in the case except by admitting or requiring evidence relating to a person’s spent convictions or to circumstances ancillary thereto, that authority may admit or, as the case may be, require the evidence in question notwithstanding the provisions of subsection (1) of section 4 above, and may determine any issue to which the evidence relates in disregard, so far as necessary, of those provisions.

(4)The Secretary of State may by order exclude the application of section 4(1) above in relation to any proceedings specified in the order (other than proceedings to which section 8 below applies) to such extent and for such purposes as may be so specified.

(5)No order made by a court with respect to any person otherwise than on a conviction shall be included in any list or statement of that person’s previous convictions given or made to any court which is considering how to deal with him in respect of any offence.

Extent Information

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

Textual Amendments

F2S. 7(2)(bb) substituted (E.W.) (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 141, Sch. 6 para. 19; S.I. 2004/874, art. 2

F3S. 7(2)(c)(cc) substituted (E.W.) (14.10.1991) for s. 7(2)(c) by Children Act 1991 (c. 41, SIF 20), s. 108, Sch. 13 para. 35(2); S.I. 1991/828, art. 3(2)

F5Words in s. 7(2)(c) inserted (5.12.2005) by Civil Partnership Act 2004, ss. 261(1), 263(10)(b), {Sch. 27 para. 53}; S.I. 2005/3175, art. 2(2)

F7S. 7(2)(h) and preceding word added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 158(1), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

F8Words in s. 7(2) repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 23(4)(c), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.

Modifications etc. (not altering text)

Marginal Citations

7 Limitations on rehabilitation under this Act, etc.S

(1)Nothing in section 4(1) above shall affect—

(a)any right of Her Majesty, by virtue of Her Royal prerogative or otherwise, to grant a free pardon, to quash any conviction or sentence, or to commute any sentence;

(b)the enforcement by any process or proceedings of any fine or other sum adjudged to be paid by or imposed on a spent conviction;

(c)the issue of any process for the purpose of proceedings in respect of any breach of a condition or requirement applicable to a sentence imposed in respect of a spent conviction; or

(d)the operation of any enactment by virtue of which, in consequence of any conviction, a person is subject, otherwise than by way of sentence, to any disqualification, disability, prohibition or other penalty the period of which extends beyond the rehabilitation period applicable in accordance with section 6 above to the conviction.

(2)Nothing in section 4(1) above shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to a person’s previous convictions or to circumstances ancillary thereto—

(a)in any criminal proceedings before a court in [F11Scotland] (including any appeal or reference in a criminal matter);

(b)in any service disciplinary proceedings or in any proceedings on appeal from any service disciplinary proceedings;

[F12(bb)in any proceedings on an application for [F13an order under section 2, 2A or 20] of the Crime and Disorder Act 1998 or in any appeal against the making of such an order;]

[F14(bc)in any proceedings on an application under section 2, 4 or 5 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) or in any appeal under section 6 of that Act;]

[F15(c)in any proceedings relating to parental responsibilities or parental rights (within the meaning of section 1(3) and section 2(4) respectively of the Children (Scotland) Act 1995), guardianship, adoption or the provision by any person of accommodation, care or schooling for children under the age of 18 years;

(cc)in any proceedings under Part II of the Children (Scotland) Act 1995;]

[F4(d)in any proceedings relating to the variation or discharge of a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or on appeal from any such proceedings;]

F16(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in any proceedings in which he is a party or a witness, provided that, on the occasion when the issue or the admission or requirement of the evidence falls to be determined, he consents to the determination of the issue or, as the case may be, the admission or requirement of the evidence notwithstanding the provisions of section 4(1).

F17(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .[F7 or

(h) in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).]

F8. . . F9. . ..

(3)If at any stage in any proceedings before a judicial authority in [F18Scotland] (not being proceedings to which, by virtue of any of paragraphs (a) to (e) of subsection (2) above or of any order for the time being in force under subsection (4) below, section 4(1) above has no application, or proceedings to which section 8 below applies) the authority is satisfied, in the light of any considerations which appear to it to be relevant (including any evidence which has been or may thereafter be put before it), that justice cannot be done in the case except by admitting or requiring evidence relating to a person’s spent convictions or to circumstances ancillary thereto, that authority may admit or, as the case may be, require the evidence in question notwithstanding the provisions of subsection (1) of section 4 above, and may determine any issue to which the evidence relates in disregard, so far as necessary, of those provisions.

(4)The Secretary of State may by order exclude the application of section 4(1) above in relation to any proceedings specified in the order (other than proceedings to which section 8 below applies) to such extent and for such purposes as may be so specified.

(5)No order made by a court with respect to any person otherwise than on a conviction shall be included in any list or statement of that person’s previous convictions given or made to any court which is considering how to deal with him in respect of any offence.

Extent Information

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

Textual Amendments

F7S. 7(2)(h) and preceding word added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 158(1), 182(5) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 11

F8Words in s. 7(2) repealed (S.) (1.11.1996) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 23(4)(c), Sch. 5; S.I. 1996/2203, art. 3(3), Sch.

F12S. 7(2)(bb) inserted (1.12.1998) by 1998 c. 37, s. 119, Sch. 8 para. 36; S.I. 1998/2327, art. 4(1)(k)

F13Words in s. 7(2)(bb) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 4; S.I. 2002/2750, art. 2(b)(ii)

F15S. 7(2)(c)(cc) substituted (S.) (1.11.1996) for s. 7(2)(c) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(4)(a) ; S.I. 1996/2203, art. 3(3), Sch.

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources