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)F99or a corresponding court-martial punishmentF8and

e

a sentence of custody for life; F9and

F10f

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 .

F1001A

In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M26Army Act 1955, section 71A(3) or (4) of the M27Air Force Act 1955 or section 43A(3) or (4) of the M28Naval 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 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.

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 2000or 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 M4Criminal 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 F25a probation order F26or a community order under section 177 of the Criminal Justice Act 2003 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 F27order in question ceases or ceased to have effect, whichever is the longer.

F284B

Where in respect of a conviction a referral order (within the meaning of F29the 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 F30section 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 F31section 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 F32the 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 F33section 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 F34section 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;

F35c

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

F36a care order ora supervision order under F37section 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;

F38g

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;

F39h

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

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 F40section 60 of the Powers of Criminal Courts (Sentencing) Act 2000; F41or

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.

F426A

Where in respect of a conviction a detention and training order was made under F43section 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 F44Part III of the Mental Health Act 1983 or under F45Part 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 F46under 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 F47section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or F48section 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 F49care order or supervision order under F50the 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 F51the 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.

F5210A

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.

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 F53youth custody or corrective training for a term exceeding thirty months;

c

a sentence of preventive detention; . . . F54

d

a sentence of detention during Her Majesty’s pleasure or for life F55under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000F56or 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 2000F57(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)F101or a corresponding court-martial punishmentF58and

e

a sentence of custody for life; F9and

F10f

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.

F1021A

In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M29Army Act 1955, section 71A(3) or (4) of the M30Air Force Act 1955 or section 43A(3) or (4) of the M31Naval 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 F59 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 F60under 18

Sentence

Rehabilitation period

A sentence of imprisonment F61or 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 F61or 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) F62to (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

F63A 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.

F63Seven years

F64A 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.

F64Seven years.

A sentence of detention for a term exceeding six months but not exceeding thirty months passed under F65section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or under section F66206 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 F67section 4 of the Criminal Justice Act 1982, section 4 of the M19Criminal Justice Act 1961 . . . F68.

Three years

F63A 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.

F63Three years

F69A 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.

F69Three 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 F7069(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, F71. . . 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 F71. . . 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.

F724A

Where in respect of a conviction F73a probation order F26or a community order under section 177 of the Criminal Justice Act 2003was 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 F74order in question ceases or ceased to have effect, whichever is the longer.

F754B

Where in respect of a conviction a referral order (within the meaning of F76the 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 F77section 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 F78section 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 F79the 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 F80section 23of 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 F81section 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;

F82c

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 F83section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or

f

a supervision requirement under any provision of the F84Children (Scotland) Act 1995;

F85g

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;

F86h

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

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 F87section 60 of the Powers of Criminal Courts (Sentencing) Act 2000; F88or

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.

F896A

Where in respect of a conviction a detention and training order was made under F90section 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 F91Part III of the Mental Health Act 1983 or under F45Part 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 F92under 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 F93section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or F94section 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 F95the Powers of Criminal Courts (Sentencing) Act 2000, or a supervision requirement under the F96Children (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 F97the 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.

F9810A

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

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.