E15 Rehabilitation periods for particular sentences.
1
The sentences excluded from rehabilitation under this Act are—
a
a sentence of imprisonment for life;
F52b
any of the following sentences, where the sentence is imposed for an offence specified in Schedule 18 to the Sentencing Code (serious violent, sexual and terrorism offences) or a service offence as respects which the corresponding offence is so specified—
i
a sentence of imprisonment for a term exceeding 4 years;
ii
a sentence of youth custody for such a term;
iii
a sentence of detention in a young offender institution for such a term;
iv
a sentence of corrective training for such a term;
v
a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for such a term;
vi
a sentence of detention under section 250 or 252A of the Sentencing Code for such a term;
vii
a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 for such a term;
viii
a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 for such a term;
c
a sentence of preventive detention; F1. . .
d
a sentence of detention during Her Majesty’s pleasure or for life F2under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000F35, under section 250 or 259 of the Sentencing CodeF3or under section 209 or 218 of the Armed Forces Act 2006,F4or under section 205(2) or (3) of the Criminal Procedure (Scotland) F44Act 1995,F53...
F8f
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 F16 226A, 226B, 227 or 228 of that Act F36or section 254, 266 or 279 of the Sentencing CodeF9 (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.
F501ZA
In subsection (1)(b)—
a
“service offence” means an offence under—
i
section 42 of the Armed Forces Act 2006,
ii
section 70 of the Army Act 1955 or Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957, and
b
“corresponding offence” means—
i
in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
ii
in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;
iii
in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.
1ZB
Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
F101A
In F17this section—
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.
F182
For the purposes of this Act and subject to subsections F54(2A) to (4), the rehabilitation period for a sentence is the period—
a
beginning with the date of the conviction in respect of which the sentence is imposed, and
b
ending at the time listed in the following Table in relation to that sentence:
Sentence | End of rehabilitation period for adult offenders | End of rehabilitation period for offenders under 18 at date of conviction |
|---|---|---|
F56A custodial sentence of more than 4 years | The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed |
A custodial sentence of more than 1 year and up to, or consisting of, 4 years | The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed |
A custodial sentence of 1 year or less | The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed | The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed |
Removal from Her Majesty's service | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
A sentence of service detention | The end of the period of 12 months beginning with the day on which the sentence is completed | The end of the period of 6 months beginning with the day on which the sentence is completed |
F48A severe reprimand or reprimand under the Armed Forces Act 2006 | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
A fine | The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed | The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed |
A compensation order | The date on which the payment is made in full | The date on which the payment is made in full |
F57. . . | F57. . . | F57. . . |
A relevant order | The day provided for by or under the order as the last day on which the order is to have effect | The day provided for by or under the order as the last day on which the order is to have effect |
F492A
Subsection (2B) applies where provision is made by or under a relevant order for the order to have effect—
a
until further order,
b
until the occurrence of a specified event, or
c
otherwise for an indefinite period.
2B
The rehabilitation period for the order is the period—
a
beginning with the date of the conviction in respect of which the order is imposed, and
b
ending when the order ceases to have effect.
F553
The rehabilitation period for a relevant order which is not otherwise dealt with in the Table or under subsections (2A) and (2B) is the period of 24 months beginning with the date of conviction.
4
There is no rehabilitation period for—
a
an order discharging a person absolutely for an offence, or
b
any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under F58any of subsections (2A) to (3),
and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil.
5
See also—
a
section 8AA (protection afforded to spent alternatives to prosecution), and
b
Schedule 2 (protection for spent cautions).
6
The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3).
7
F59Subject to subsection (7A), for the purposes of this section—
a
consecutive terms of imprisonment or other custodial sentences are to be treated as a single term,
b
terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term,
c
no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed,
d
no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect,
e
no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 F37or paragraph 3(2) of Schedule 12 to the Sentencing Code,
f
a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds.
F517A
Subsection (7)(a) or (b) does not apply for the purposes of determining whether a sentence is excluded from rehabilitation by virtue of subsection (1)(b).
7B
For the purposes of this section, a sentence imposed as mentioned in subsection (7)(f) for an offence—
a
under the law of Scotland, Northern Ireland or a country or territory outside the United Kingdom, and
b
which would have constituted an offence specified in Schedule 18 to the Sentencing Code if it had been committed in England and Wales,
is to be treated as a sentence for an offence specified in that Schedule (and for this purpose an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law).
8
In this section—
“community or youth rehabilitation order” means—
- a
a community order under F38Chapter 2 of Part 9 of the Sentencing Code,
- b
a service community order or overseas community order under the Armed Forces Act 2006,
- c
a youth rehabilitation order under F39Chapter 1 of Part 9 of the Sentencing Code, or
- d
any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),
- a
“custodial sentence” means—
- a
a sentence of imprisonment,
- b
a sentence of detention in a young offender institution,
- c
a sentence of Borstal training,
- d
a sentence of youth custody,
- e
a sentence of corrective training,
- f
a sentence of detention under F40section 250 F45or 252A of the Sentencing Code or section 209 of the Armed Forces Act 2006,
- g
a detention and training order F41within the meaning given by section 233 of the Sentencing Code or an order under section 211 of the Armed Forces Act 2006,
- h
any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g),
- a
“earlier statutory order” means—
- a
an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home,
- b
an approved school order under section 57 of that Act, or
- c
any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of “relevant order” or in paragraph (a) or (b) above,
- a
“relevant order” means—
- za
F60a community or youth rehabilitation order,
- a
an order discharging a person conditionally for an offence,
- b
an order binding a person over to keep the peace or be of good behaviour,
- c
an order under section 1(2A) of the Street Offences Act 1959,
- d
a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order),
- e
a referral order under F42Chapter 1 of Part 6 of the Sentencing Code,
- f
an earlier statutory order, or
- g
F61any order which—
- i
imposes a disqualification, disability, prohibition, penalty, requirement or restriction, or
- ii
is otherwise intended to regulate the behaviour of the person convicted,
and is not otherwise dealt with in the Table,
- i
but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000 F43or Chapter 2 of Part 6 of the Sentencing Code,
- za
“removal from Her Majesty's service” means a sentence of dismissal with disgrace from Her Majesty's service, a sentence of dismissal from Her Majesty's service or a sentence of cashiering or discharge with ignominy,
“sentence of imprisonment” includes a sentence of penal servitude (and “term of imprisonment” is to be read accordingly),
“sentence of service detention” means—
- a
a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or
- b
any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).
- a
C1E25C1F19Disclosure periods for particular sentences.
1
The sentences F20which are excluded sentences for the purposes of this Act are—
a
a sentence of imprisonment for life;
c
a sentence of preventive detention; F11. . .
d
a sentence of detention during Her Majesty’s pleasure or for life F24... F3under section 209 or 218 of the Armed Forces Act 2006,F12under section 205(2) or (3) of the Criminal Procedure (Scotland) Act F251995,F34or a sentence of detention for a term exceeding thirty months passed under F26...F13(young offenders convicted of grave crimes) F26... F5section 209 of the said Act of 2006F27...
F28da
a sentence of detention for a term exceeding 48 months passed under section F46205ZA(6) (serious terrorism sentence for young offenders), 205ZC(4) or (5) (terrorism sentence for young offenders or children), 207 (detention of young offenders) or 208 (detention of children convicted on indictment) of the Criminal Procedure (Scotland) Act 1995;
F8f
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 F16 226A, 226B, 227 or 228 of that Act
and any other sentence is a F21disclosable sentence.
F101A
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.
F291B
In subsection (1), “disclosable sentence” means a sentence imposed in relation to a conviction in respect of which a person may, under this Act, become a protected person.
F302A
For the purposes of this Act, the disclosure period applicable to a sentence specified in the first column of Table A is—
a
where the sentence was imposed on a person who was 18 years of age or older at the date of the conviction in respect of which the sentence was imposed, the period specified in the second column of Table A in relation to that sentence,
b
where the sentence was imposed on a person who was under 18 years of age at the date of the conviction in respect of which the sentence was imposed, the period specified in the third column of Table A in relation to that sentence.
2B
For the purposes of subsection (2A), the disclosure period applicable to a sentence is to be reckoned from the date of the conviction in respect of which the sentence was imposed.
2C
Subsection (2A) applies to Table B as it applies to Table A.
2D
This subsection applies to a sentence which is—
a
not dealt with in—
i
subsections (1) to (2C) (including in Table A or Table B), or
ii
any of sections 5C to 5J,
b
imposed on a person in respect of a conviction, and
c
given by way of an order—
i
imposing on the person any disqualification, disability, prohibition, requirement or restriction, or
ii
which is otherwise intended to regulate the person's behaviour.
2E
The disclosure period applicable to a sentence to which subsection (2D) applies is—
a
in the case of an order—
i
containing provision enabling the date on which the disqualification, disability, prohibition, requirement, restriction or regulation (as the case may be) ceases or ceased to have effect to be determined, or
ii
containing provision for the disqualification, disability, prohibition, requirement, restriction or regulation (as the case may be) to have effect for an indefinite period (including the lifetime of a person) or without limit of time,
the period beginning with the date of the conviction and ending on the date on which the disqualification, disability, prohibition, requirement, restriction or regulation (as the case may be) ceases or ceased to have effect,
b
in the case of any other order, a period of 2 years beginning with the date of the conviction.
2F
For the purposes of this section—
a
consecutive terms of—
i
imprisonment or other custodial sentences, or
ii
detention under section 209 of the Armed Forces Act 2006,
are to be treated as a single term,
b
terms of imprisonment, or of detention, which are—
i
wholly or partly concurrent, and
ii
imposed in respect of offences of which a person was convicted in the same proceedings,
are to be treated as a single term,
c
no account is to 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 outwith Scotland is to be treated as the sentence mentioned—
i
in this section,
ii
in Table A or Table B, or
iii
in any of sections 5C to 5J,
to which it most closely corresponds.
2G
References in this section, Table A, sections 5D to 5H and section 5J to a sentence provided for in a particular enactment include references to any sentence of a kind superseded (whether directly or indirectly) by such a sentence.
F1510A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F31(2E), in Table A or Table B or in any of sections 5C, 5D, 5H and 5I; and
b
substitute a different age for the age mentioned in subsection F32(2A).
F3312
In this section—
“Table A” means the table in section 5A,
“Table B” means the table in section 5B,
“custodial sentence” means—
- a
a sentence of imprisonment,
- b
a sentence of detention under section 44, F47205ZA(6), 205ZC(4) or (5), 207 or 208 of the Criminal Procedure (Scotland) Act 1995,
- c
a sentence of Borstal training,
- d
a sentence of corrective training,
- a
“sentence of imprisonment” includes a sentence of penal servitude (and references to terms of imprisonment are to be read accordingly).