Rehabilitation of Offenders Act 1974

Changes over time for: Section 5

Version Superseded: 03/02/1995

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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 19 April 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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5 Rehabilitation periods for particular sentences. E+W+S

(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 [F4or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], or for a term exceeding thirty months, passed under section 53 of the M1Children and Young Persons Act 1933 [F5(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F6or a corresponding court-martial punishment][F7and

(e)a sentence of custody for life];

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

[F8(1A)In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M2Army Act 1955, section 71A(3) or (4) of the M3Air Force Act 1955 or section 43A(3) or (4) of the M4Naval 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 [F9 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 [F10under 18]

Sentence	Rehabilitation period
A sentence of imprisonment [F11detention in a young offender institution][F12or 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 [F11detention in a young offender institution][F12or youth custody] for a term not exceeding six months.	Seven years
A sentence of dismissal from Her Majesty’s service.	Seven years
Any sentence of detention 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) 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
[F13A custodial order under Schedule 5A to the M5Army Act 1955 or the M6Air Force Act 1955, or under Schedule 4A to the M7Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.]	[F13Seven years]
[F14A 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.]	[F14Seven years.]
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under section 53 of the said Act of 1933 or under section [F15206 of the Criminal Procedure (Scotland) Act 1975].	Five years
A sentence of detention for a term not exceeding six months passed under either of those provisions.	Three years
An order for detention in a detention centre made under [F16section 4 of the Criminal Justice Act 1982,] section 4 of the M8Criminal Justice Act 1961 . . . F17.	Three years
[F13A 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.]	[F13Three years]
[F18A 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.]	[F18Three years.]

(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 M9Social 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, or placed on probation, 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 or probation order 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.

(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 M10Children and Young Persons Act 1933 or section 61 of the M11Children 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 M12Children and Young Persons Act 1963;

[F19(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;

(e)[F20a care order or]a supervision order under any provision of the M13Children and Young Persons Act 1969; or

(f)a supervision requirement under any provision of the M14Social Work (Scotland) Act 1968;

[F21(g)a community supervision order under Schedule 5A to the M15Army Act 1955 or the M16Air Force Act 1955, or under Schedule 4A to the M17Naval Discipline Act 1957;

F22(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 section 19 of the M18Criminal Justice Act 1948;

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.

(7)Where in respect of a conviction a hospital order under [F23Part III of the Mental Health Act 1983] or under [F24Part VI of the Mental Health (Scotland) Act 1984] (with or without [F25a restriction order]) 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 [F26under 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 section 53 of the said Act of 1933 or [F27section 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 [F28care order or] supervision order under the M19Children and Young Persons Act 1969, or a supervision requirement under the M20Social 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 the said Act of 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 M21Children and Young Persons Act (Northern Ireland) 1950.

[F29(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 M22Social Work (Scotland) Act 1968 or the M23Children 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.

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 inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F5Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)

F6Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)

F7S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F8S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)