Rehabilitation of Offenders Act 1974 (c. 53)

5 Rehabilitation periods for particular sentences. E+W

(1) The sentences excluded from rehabilitation under this Act are—

(a) a sentence of imprisonment for life;

(b) a sentence of imprisonment [F1 youth custody][F2 detention 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 [F4 under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F5 or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], [F6 or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000][F7 (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F8 or a corresponding court-martial punishment][F9 and

(e) a sentence of custody for life]; [F10 and]

[F11 (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 .

[F12 (1A) In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M1 Army Act 1955, section 71A(3) or (4) of the M2 Air Force Act 1955 or section 43A(3) or (4) of the M3 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 [F13 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 [F14 under 18]

Sentence	Rehabilitation period
A sentence of imprisonment [F15 detention in a young offender institution][F16 or 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 [F15 detention in a young offender institution][F16 or 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) [F17 , (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
[F18 A custodial order under Schedule 5A to the M4 Army Act 1955 or the M5 Air Force Act 1955, or under Schedule 4A to the M6 Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.]	[F18 Seven years]
[F19 A 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.]	[F19 Seven years.]
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F20 section 91 of the Powers of Criminal Courts (Sentencing) Act 2000]or under section [F21 206 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 [F22 section 4 of the Criminal Justice Act 1982,] section 4 of the M7 Criminal Justice Act 1961 . . . F23 .	Three years
[F18 A 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.]	[F18 Three years]
[F24 A 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.]	[F24 Three 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, F25 . . . 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 F25 . . . 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.

[F26 (4A) Where in respect of a conviction [F27 a probation order [F28 or 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 [F29 order in question] ceases or ceased to have effect, whichever is the longer.]

[F30 (4B) Where in respect of a conviction a referral order (within the meaning of [F31 the 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 [F32 section 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 [F33 section 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 [F34 the 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 [F35 section 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 [F36 section 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 M8 Children and Young Persons Act 1933 or section 61 of the M9 Children 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 M10 Children and Young Persons Act 1963;

[F37 (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) [F38 a care order or]a supervision order under [F39 section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or

(f) a supervision requirement under any provision of the M11 Social Work (Scotland) Act 1968;

[F40 (g) a community supervision order under Schedule 5A to the M12 Army Act 1955 or the M13 Air Force Act 1955, or under Schedule 4A to the M14 Naval Discipline Act 1957;

F41 (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 [F42 section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F43 or

(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.

F44 (6A) Where in respect of a conviction a detention and training order was made under [F45 section 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 [F46 Part III of the Mental Health Act 1983] or under [F47 Part 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 [F48 under 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 [F49 section 91 of the Powers of Criminal Courts (Sentencing) Act 2000] or [F50 section 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 [F51 care order or] supervision order under [F52 the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the M15 Social 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 [F53 the 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 M16 Children and Young Persons Act (Northern Ireland) 1950.

[F54 (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 M17 Social Work (Scotland) Act 1968 or the M18 Children 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

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)

F2 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16

F3 Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F4 Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)

F5 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F6 Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)

F7 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)

F8 Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)

F9 S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F10 Word 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)

F11 S. 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)

F12 S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)

F13 Words 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.

F14 Words 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.

F15 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16

F16 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)

F17 Words 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

F18 Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)

F19 Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)

F20 Words 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)

F21 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)

F22 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)

F23 Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8

F24 Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)

F25 Words 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

F26 S. 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

F27 Words 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)

F28 Words 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)

F29 Words 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)

F30 S. 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))

F31 Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)

F32 Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)

F33 Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)

F34 Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)

F35 Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)

F36 Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)

F37 S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)

F38 Words 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)

F39 Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)

F40 S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)

F41 S. 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.

F42 Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)

F43 S. 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)

F44 S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)

F45 Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)

F46 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39

F47 Words 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

F48 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)

F49 Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)

F50 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)

F51 Words 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)

F52 Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(a)

F53 Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)

F54 S. 5(10A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(3)

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.

M4 1955 c. 18.

M5 1955 c. 19.

M6 1957 c. 53.

M7 1961 c. 39.

M8 1933 c. 12.

M9 1937 c. 37.

M10 1963 c. 37.

M11 1968 c. 49.

M12 1955 c. 18.

M13 1955 c. 19.

M14 1957 c. 53.

M15 1968 c. 49.

M16 1950 c. 5. (N.I.)

M17 1968 c. 49.

M18 1968 c. 34. (N.I.)