Explanatory Notes

Policing and Crime Act 2009

2009 CHAPTER 26

12 November 2009

Territorial Extent and Application

Part 2 – Sexual Offences and Sex Establishments

Prostitution

Section 18 Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959

107.This section deals with rehabilitation periods for those given orders under the new section 1(2A) of the 1959 Act.

108.Subsection (2) amends section 5 of the Rehabilitation of Offenders Act 1974 (“the 1974 Act”) to apply a specific rehabilitation period for those sentenced to an order under section 1(2A) following conviction for loitering or soliciting. The rehabilitation period is six months from the date of conviction.

109.Subsection (3) inserts a new subsection (3A) into section 6 of the 1974 Act. This provides for a case in which an offender is dealt with again for the offence for which the order was made, the rehabilitation period for the original sentence has ended and the rehabilitation period for the new sentence ends later than that for the original order. The effect is that the offender is not treated as a rehabilitated person under the 1974 Act until the longer rehabilitation period has expired.