- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/11/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2010
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Rehabilitation of Offenders Act 1974, Section 5 is up to date with all changes known to be in force on or before 31 October 2024. 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.
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(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 thirty months;
(c)a sentence of preventive detention; . . . F3
(d)a sentence of detention during Her Majesty’s pleasure or for life [F4under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F5or under section 209 or 218 of the Armed Forces Act 2006,][F6or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,][F7or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000][F8(young offenders convicted of grave crimes) [F9or section 209 of the said Act of 2006] or under section 206 of the said Act of 1975 (detention of children convicted on indictment)]F10. . . [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 227 or 228 of that Act[F14 (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 .
[F15(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 [F16 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 [F17under 18]
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment [F18detention in a young offender institution][F19or 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 [F18detention in a young offender institution][F19or youth custody] for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
[F20Any 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) [F21, (4A)] to (8) below applies. | Five years |
TABLE B
Rehabilitation periods for certain sentences confined to young offenders
Sentence | Rehabilitation period |
---|---|
A sentence of Borstal training. | Seven years |
[F22A custodial order under Schedule 5A to the M1Army Act 1955 or the M2Air Force Act 1955, or under Schedule 4A to the M3Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F22Seven years] |
[F23A 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.] | [F23Seven years.] |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F24section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F25or under section 209 of the Armed Forces Act 2006] or under section [F26206 of the Criminal Procedure (Scotland) Act 1975]. | Five years |
A sentence of detention for a term not exceeding six months passed under [F27any provision mentioned in the fourth entry in this Table]. | Three years |
An order for detention in a detention centre made under [F28section 4 of the Criminal Justice Act 1982,] section 4 of the M4Criminal Justice Act 1961 . . . F29. | Three years |
[F22A 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.] | [F22Three years] |
[F30A 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.] | [F30Three years.] |
[F31(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 43(2) of the Social Work (Scotland) Act 1968 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, F32. . . 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 F32. . . 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.
[F33(4A)Where in respect of a conviction [F34a probation order [F35or a community order under section 177 of the Criminal Justice Act 2003][F36or 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 [F37order in question] ceases or ceased to have effect, whichever is the longer.]
[F38(4B)Where in respect of a conviction a referral order (within the meaning of [F39the 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 [F40section 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 [F41section 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 [F42the 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 [F43section 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 [F44section 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.]
(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;
[F45(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;
[F46(da)a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;]
(e)[F47a care order or] a supervision order under [F48section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(f)a supervision requirement under any provision of the M8Social Work (Scotland) Act 1968;
[F49(g)a community supervision order under Schedule 5A to the M9Army Act 1955 or the M10Air Force Act 1955, or under Schedule 4A to the M11Naval Discipline Act 1957;
F50(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 [F51section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F52or
(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.
F53(6A)Where in respect of a conviction a detention and training order was made under [F54section 100 of the Powers of Criminal Courts (Sentencing) Act 2000][F55, 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 [F56Part III of the Mental Health Act 1983] or under [F57Part 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 [F58under 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 [F59section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F60or section 209 of the Armed Forces Act 2006] or [F61section 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 [F62care order or] supervision order under [F63the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the M12Social Work (Scotland) Act 1968, 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 [F64the 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 M13Children and Young Persons Act (Northern Ireland) 1950.
[F65(10A)The reference in subsection (5) above to the period during which a reception order has effect includes a reference to any subsequent period during which by virtue of the order having been made the M14Social Work (Scotland) Act 1968 or the M15Children and Young Persons Act (Northern Ireland) 1968 has effect in relation to the person in respect of whom the order was made and subsection (10) above shall accordingly have effect in relation to any such subsequent period.]
(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.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)
F2Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16
F3Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F4Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)
F5Words 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)
F6Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)
F7Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)
F8Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F9Words 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)
F10Words in s. 5(1)(d) omitted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by virtue of Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(iii); 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)
F11S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)
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)
F14Words 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)
F15S. 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)
F16Words in s. 5(2)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(a), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F17Words 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.
F18Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16
F19Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)
F20S. 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)
F21Words 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
F22Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)
F23Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)
F24Words 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)
F25S. 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)
F26Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)
F27S. 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)
F28Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)
F29Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8
F30Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)
F31S. 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)
F32Words 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
F33S. 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
F34Words 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)
F35Words 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)
F36Words 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)
F37Words 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)
F38S. 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))
F39Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)
F40Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)
F41Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)
F42Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)
F43Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)
F44Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)
F45S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)
F46S. 5(5)(da) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 21 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F47Words in s. 5(5)(e) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15; S.I. 1991/828, art. 3(2)
F48Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)
F49S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)
F50S. 5(5)(h) repealed (1.1.1992)by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.
F51Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)
F52S. 5(6)(d) and word “or" preceding it inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)
F53S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)
F54Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)
F55Words 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)
F56Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39
F57Words 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
F58Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)
F59Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)
F60Words 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)
F61Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)
F62Words in s. 5(10) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15; S.I. 1991/828, art. 3(2)
F63Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(a)
F64Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)
F65S. 5(10A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(3)
Marginal Citations
M151968 c. 34. (N.I.)
(1)The sentences excluded from rehabilitation under this Act are—
(a)a sentence of imprisonment for life;
(b)a sentence of imprisonment [F66youth custody] or corrective training for a term exceeding thirty months;
(c)a sentence of preventive detention; . . . F67
(d)a sentence of detention during Her Majesty’s pleasure or for life [F68under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F5or under section 209 or 218 of the Armed Forces Act 2006,][F69or 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][F70(young offenders convicted of grave crimes) [F9or section 209 of the said Act of 2006] or under section 206 of the said Act of 1975 (detention of children convicted on indictment)]F10. . . [F71and
(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 227 or 228 of that Act]
and any other sentence is a sentence subject to rehabilitation under this Act.
[F15(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 [F72 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 [F73under 18]
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment [F74or 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 [F74or youth custody] for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
[F20Any 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) [F75to (8)] below applies. | Five years |
TABLE B
Rehabilitation periods for certain sentences confined to young offenders
Sentence | Rehabilitation period |
---|---|
A sentence of Borstal training. | Seven years |
[F76A custodial order under Schedule 5A to the M16Army Act 1955 or the M17Air Force Act 1955, or under Schedule 4A to the M18Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F76Seven years] |
[F77A 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.] | [F77Seven years.] |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F78section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F25or under section 209 of the Armed Forces Act 2006] or under section [F79206 of the Criminal Procedure (Scotland) Act 1975]. | Five years |
A sentence of detention for a term not exceeding six months passed under [F27any provision mentioned in the fourth entry in this Table]. | Three years |
An order for detention in a detention centre made under [F80section 4 of the Criminal Justice Act 1982,] section 4 of the M19Criminal Justice Act 1961 . . . F81. | Three years |
[F76A 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.] | [F76Three years] |
[F82A 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.] | [F82Three years.] |
[F31(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 [F8369(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, F84. . . 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 F84. . . 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.
[F85(4A)Where in respect of a conviction [F86a probation order [F35or a community order under section 177 of the Criminal Justice Act 2003][F36or 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 [F87order in question] ceases or ceased to have effect, whichever is the longer.]
[F88(4B)Where in respect of a conviction a referral order (within the meaning of [F89the 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 [F90section 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 [F91section 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 [F92the 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 [F93section 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 [F94section 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.]
(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 M20Children and Young Persons Act 1933 or section 61 of the M21Children 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 M22Children and Young Persons Act 1963;
[F95(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;
[F46(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 [F96section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(f)a supervision requirement under any provision of the [F97Children (Scotland) Act 1995;]
[F98(g)a community supervision order under Schedule 5A to the M23Army Act 1955 or the M24Air Force Act 1955, or under Schedule 4A to the M25Naval Discipline Act 1957;
F99(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 [F100section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F101or
(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.
F102(6A)Where in respect of a conviction a detention and training order was made under [F103section 100 of the Powers of Criminal Courts (Sentencing) Act 2000][F55, 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 [F104Part III of the Mental Health Act 1983] or under [F57Part 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 [F105under 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 [F106section 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F60or section 209 of the Armed Forces Act 2006] or [F107section 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 [F108the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the [F109Children (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 [F110the 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.
F111(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.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F5Words 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)
F9Words 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)
F10Words in s. 5(1)(d) omitted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by virtue of Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(iii); 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)
F15S. 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)
F20S. 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)
F25S. 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)
F27S. 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)
F31S. 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)
F35Words 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)
F36Words 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)
F46S. 5(5)(da) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 21 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(iii)
F55Words 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)
F57Words 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
F60Words 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)
F66Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)
F67Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F68Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)
F69Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)
F70Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F71S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)
F72Words in s. 5(2)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(a), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F73Words 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.
F74Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)
F75Words 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)
F76Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)
F77Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)
F78Words 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)
F79Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)
F80Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)
F81Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8
F82Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)
F83Words 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)
F84Words 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., Appendices A, C
F85S. 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
F86Words 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)
F87Words 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)
F88S. 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)
F89Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)
F90Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)
F91Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)
F92Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)
F93Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)
F94Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)
F95S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)
F96Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)
F97Words 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)
F98S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)
F99S. 5(5)(h) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.
F100Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)
F101S. 5(6)(d) and word inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)
F102S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)
F103Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)
F104Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39
F105Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)
F106Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)
F107Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)
F108Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)
F109Words 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)
F110Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)
F111S. 5(10A) repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 23(3)(d), Sch. 5; S.I. 1996/3201, art. 3(7)
Modifications etc. (not altering text)
C1S. 5 modified (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124, Sch. 8 para. 16, Sch. 9 para. 8
Marginal Citations
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