Part 3Sentencing and Punishment of Offenders
CHAPTER 8Rehabilitation of offenders
I1141Transitional and consequential provision
I21
Section 139 applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date).
I22
The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section 139 had always had effect.
I23
Where by virtue of subsection (2)—
a
a person would, before the commencement date, have been treated for the purposes of the 1974 Act as a rehabilitated person in respect of a conviction, or
b
a conviction would, before that date, have been treated for the purposes of that Act as spent,
the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4) of that Act) to be so treated on and after that date.
I24
Where by virtue of subsection (2)—
a
a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the 1974 Act in respect of a caution, or
b
a caution would, before that date, have been treated for the purposes of that Act as spent,
the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date.
I25
But—
a
no person who, immediately before the commencement date—
i
is treated as a rehabilitated person for the purposes of the 1974 Act in respect of a conviction, or
ii
is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and
b
no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent,
is to cease to be so treated merely because of section 139.
I26
Section 139 does not apply in relation to alternatives to prosecution given before the commencement date.
7
Section 140 applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date).
8
Section 140 applies as mentioned in subsection (7) above whether or not, immediately before the commencement date—
a
the person concerned is treated as a rehabilitated person for the purposes of the 1974 Act in respect of the conviction, or
b
the conviction is treated for the purposes of that Act as spent.
9
But section 140 does not affect—
a
any proceedings begun, but not completed, before the commencement date,
b
any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or
c
the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date.
I210
Schedule 25 (consequential provision) has effect.
I211
Any reference in this section to section 139 is to be read as including a reference to Schedule 25.
P1C112
In this section “the commencement date” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.