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Rehabilitation of Offenders Act 1974
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- UK Public General Acts
- 1974 c. 53
- Section 5B
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Rehabilitation of Offenders Act 1974, Section 5B is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5B:
- s. 5B Table B words inserted by 2021 c. 11 Sch. 13 para. 34(3)
- s. 5B words substituted by 2020 asp 13 sch. 5 para. 2(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 2017 anaw 2 s. 66(10)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5(2AA) inserted by 2020 asp 13 sch. 5 para. 2(2)
- s. 5J(1)(ba) inserted by 2020 asp 13 sch. 5 para. 2(8)(a)
- s. 5J(1A)(1B) inserted by 2020 asp 13 sch. 5 para. 2(8)(b)
- s. 8A(2)(aa)-(ad) substituted for s. 8A(2)(a) by 2022 c. 32 Sch. 11 para. 2(a)
- s. 8B(1A)-(1E) inserted by 2011 asp 1 s. 187(2)(a)
- Sch. 3 para. 1(1)(aa) (ab) inserted by 2011 asp 1 s. 187(3)
[F1[F25BTable B – disclosure periods: service disciplinary sentencesS
This is Table B as referred to in section 5(2C)—
TABLE B
Disclosure periods: service disciplinary sentences
| Sentence | Disclosure period – aged 18 or over | Disclosure period – aged under 18 |
|---|---|---|
| A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty's service | 10 years | 5 years |
| A sentence of dismissal from Her Majesty's service | 7 years | 3½ years |
| Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings | 5 years | 2½ years |
| 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 6 months | 7 years | 7 years |
| A custodial order under schedule 5A of the Army Act 1955 or the Air Force Act 1955, or under schedule 4A of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than 6 months | 7 years | 7 years |
| A sentence of detention for a term exceeding 6 months but not exceeding 30 months passed under section 71A(4) of the Army Act 1955 or Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 | 5 years | 5 years |
| A sentence of detention for a term not exceeding 6 months passed under section 71A(4) of the Army Act 1955 or Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 | 3 years | 3 years |
| A custodial order under any of the schedules of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 mentioned above, where the maximum period of detention specified in the order is 6 months or less | 3 years | 3 years |
| A custodial order under section 71AA of the Army Act 1955 or Air Force Act 1955, or section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is 6 months or less | 3 years | 3 years]] |
Textual Amendments
F1Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F2S. 5B inserted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 21(2), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
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