E15 Rehabilitation periods for particular sentences.

1

The sentences excluded from rehabilitation under this Act are—

a

a sentence of imprisonment for life;

b

a sentence of imprisonment F1youth custodyF2detention 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 2000F5or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,, F6or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000F7(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)F8or a corresponding court-martial punishmentF9and

e

a sentence of custody for life;

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

F101A

In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M1Army Act 1955, section 71A(3) or (4) of the M2Air Force Act 1955 or section 43A(3) or (4) of the M3Naval 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 F11 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 F12under 18

Sentence

Rehabilitation period

A sentence of imprisonment F13detention in a young offender institutionF14or 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 F13detention in a young offender institutionF14or 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) F15, (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

F16A custodial order under Schedule 5A to the M4Army Act 1955 or the M5Air Force Act 1955, or under Schedule 4A to the M6Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.

F16Seven years

F17A 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.

F17Seven years.

A sentence of detention for a term exceeding six months but not exceeding thirty months passed under F18section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section F19206 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 F20section 4 of the Criminal Justice Act 1982, section 4 of the M7Criminal Justice Act 1961 F21. . ..

Three years

F16A 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.

F16Three years

F22A 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.

F22Three 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 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, F23. . . 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 F23. . . 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.

F244A

Where in respect of a conviction a person was placed on probation, 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 probation order 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 M8Children and Young Persons Act 1933 or section 61 of the M9Children 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 M10Children and Young Persons Act 1963;

F25c

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

F26a care order or a supervision order under F27section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or

f

a supervision requirement under any provision of the M11Social Work (Scotland) Act 1968;

F28g

a community supervision order under Schedule 5A to the M12Army Act 1955 or the M13Air Force Act 1955, or under Schedule 4A to the M14Naval Discipline Act 1957;

F29h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F30section 60 of the Powers of Criminal Courts (Sentencing ) Act 2000; F31or

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.

F326A

Where in respect of a conviction a detention and training order was made under F33section 100 of the Powers of Criminal Courts (Sentencing) Act 2000, 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 F34Part III of the Mental Health Act 1983 or under F35Part VI of the Mental Health (Scotland) Act 1984 (with or without F36a 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 F37under 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 F38section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or F39section 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 F40care order or supervision order under F41the Powers of Criminal Courts (Sentencing) Act 2000, or a supervision requirement under the M15Social 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 F42the 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 M16Children and Young Persons Act (Northern Ireland) 1950.

F4310A

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 M17Social Work (Scotland) Act 1968 or the M18Children 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.

E25 Rehabilitation periods for particular sentences. C1

1

The sentences excluded from rehabilitation under this Act are—

a

a sentence of imprisonment for life;

b

a sentence of imprisonment F44youth custody or corrective training for a term exceeding thirty months;

c

a sentence of preventive detention; . . . F45

d

a sentence of detention during Her Majesty’s pleasure or for life F46under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000F47or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,, F48or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000F49(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)F50or a corresponding court-martial punishmentF51and

e

a sentence of custody for life;

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

F521A

In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M19Army Act 1955, section 71A(3) or (4) of the M20Air Force Act 1955 or section 43A(3) or (4) of the M21Naval 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 F53 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 F54under 18

Sentence

Rehabilitation period

A sentence of imprisonment F55or 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 F55or 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) F56to (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

F57A custodial order under Schedule 5A to the M22Army Act 1955 or the M23Air Force Act 1955, or under Schedule 4A to the M24Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.

F57Seven years

F58A 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.

F58Seven years.

A sentence of detention for a term exceeding six months but not exceeding thirty months passed under F59section 91 of the Powers of Criminal Courts (Sentencing) Act or under section F60206 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 F61section 4 of the Criminal Justice Act 1982, section 4 of the M25Criminal Justice Act 1961 . . . F62.

Three years

F57A 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.

F57Three years

F63A 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.

F63Three 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 F6469(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, F65. . . 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 F65. . . 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.

F664A

Where in respect of a conviction a person was placed on probation, 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 probation order ceases or ceased to have effect, whichever is the longer.

F674B

Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) 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 section 8 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 section 9 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 the Youth Justice and Criminal Evidence Act 1999 (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 section 8 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 section 9 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 M26Children and Young Persons Act 1933 or section 61 of the M27Children 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 M28Children and Young Persons Act 1963;

F68c

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

a care order or a supervision order under F69section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or

f

a supervision requirement under any provision of the F70Children (Scotland) Act 1995;

F71g

a community supervision order under Schedule 5A to the M29Army Act 1955 or the M30Air Force Act 1955, or under Schedule 4A to the M31Naval Discipline Act 1957;

F72h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F73section 60 of the Powers of Criminal Courts (Sentencing) Act 2000; F74or

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.

F756A

Where in respect of a conviction a detention and training order was made under F76section 100 of the Powers of Criminal Courts (Sentencing) Act 2000, 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 F77Part III of the Mental Health Act 1983 or under F78Part VI of the Mental Health (Scotland) Act 1984 (with or without F79a 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 F80under 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 F81section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or F82section 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 F83the Powers of Criminal Courts (Sentencing) Act 2000, or a supervision requirement under the F84Children (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 F85the 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.

F8610A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.