Rehabilitation of Offenders Act 1974

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 or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], or for a term exceeding thirty months, passed under section 53 of the M1 Children and Young Persons Act 1933 [F5 (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F6 or a corresponding court-martial punishment][F7 and

(e) a sentence of custody for life];

and any other sentence is a sentence subject to rehabilitation under this Act.

[F8 (1A) In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M2 Army Act 1955, section 71A(3) or (4) of the M3 Air Force Act 1955 or section 43A(3) or (4) of the M4 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 [F9 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 [F10 under 18]

Sentence	Rehabilitation period
A sentence of imprisonment [F11 detention in a young offender institution][F12 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 [F11 detention in a young offender institution][F12 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) [F13 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
[F14 A custodial order under Schedule 5A to the M5 Army Act 1955 or the M6 Air Force Act 1955, or under Schedule 4A to the M7 Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.]	[F14 Seven years]
[F15 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.]	[F15 Seven years.]
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under section 53 of the said Act of 1933 or under section [F16 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 [F17 section 4 of the Criminal Justice Act 1982,] section 4 of the M8 Criminal Justice Act 1961 . . . F18 .	Three years
[F14 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.]	[F14 Three years]
[F19 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.]	[F19 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 M9 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, F20 . . . 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 F20 . . . 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.

[(4A) Where in respect of a conviction a person was placed on probation, 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 probation order ceases or ceased to have effect, whichever is the longer.]

[F21 (4B) Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) 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 section 8 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 section 9 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 the Youth Justice and Criminal Evidence Act 1999 (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 section 8 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 section 9 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 M10 Children and Young Persons Act 1933 or section 61 of the M11 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 M12 Children and Young Persons Act 1963;

[F22 (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) [F23 a care order or]a supervision order under any provision of the M13 Children and Young Persons Act 1969; or

(f) a supervision requirement under any provision of the M14 Social Work (Scotland) Act 1968;

[F24 (g) a community supervision order under Schedule 5A to the M15 Army Act 1955 or the M16 Air Force Act 1955, or under Schedule 4A to the M17 Naval Discipline Act 1957;

F25 (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 section 19 of the M18 Criminal Justice Act 1948; [F26 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.

F27 (6A) Where in respect of a conviction a detention and training order was made under section 73 of the Crime and Disorder Act 1998, 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 [F28 Part III of the Mental Health Act 1983] or under [F29 Part VI of the Mental Health (Scotland) Act 1984] (with or without [F30 a restriction order]) 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 [F31 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 section 53 of the said Act of 1933 or [F32 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 [F33 care order or] supervision order under the M19 Children and Young Persons Act 1969, or a supervision requirement under the M20 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 the said Act of 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 M21 Children and Young Persons Act (Northern Ireland) 1950.

[F34 (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 M22 Social Work (Scotland) Act 1968 or the M23 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 inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

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

F6 Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)

F7 S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F8 S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)

F9 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.

F10 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.

F11 Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16

F12 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)

F13 Words in Table A in s. 5(2) substituted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(2) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(b)

F14 Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)

F15 Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)

F16 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)

F17 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)

F18 Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8

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

F20 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

F21 S. 5(4A)(4B) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(3) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(b)

F22 S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)

F23 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)

F24 S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)

F25 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.

F26 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)

F27 S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)

F28 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39

F29 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1), Sch. 3 para. 22

F30 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 49

F31 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)

F32 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)

F33 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)

F34 S. 5(10A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(3)

Marginal Citations

M1 1933 c. 12.

M2 1955 c. 18.

M3 1955 c. 19.

M4 1957 c. 53.

M5 1955 c. 18.

M6 1955 c. 19.

M7 1957 c. 53.

M8 1961 c. 39.

M9 1968 c. 49.

M10 1933 c. 12.

M11 1937 c. 37.

M12 1963 c. 37.

M13 1969 c. 54.

M14 1968 c. 49.

M15 1955 c. 18.

M16 1955 c. 19.

M17 1957 c. 53.

M18 1948 c. 58.

M19 1969 c. 54.

M20 1968 c. 49.

M21 1950 c. 5. (N.I.)

M22 1968 c. 49.

M23 1968 c. 34. (N.I.)

5 Rehabilitation periods for particular sentences. S

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

(a) a sentence of imprisonment for life;

(b) a sentence of imprisonment [F35 youth custody] or corrective training for a term exceeding thirty months;

(c) a sentence of preventive detention; . . . F36

(d) a sentence of detention during Her Majesty’s pleasure or for life [F37 or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], or for a term exceeding thirty months, passed under section 53 of the M24 Children and Young Persons Act 1933 [F38 (young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F39 or a corresponding court-martial punishment][F40 and

(e) a sentence of custody for life];

and any other sentence is a sentence subject to rehabilitation under this Act.

[F41 (1A) In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M25 Army Act 1955, section 71A(3) or (4) of the M26 Air Force Act 1955 or section 43A(3) or (4) of the M27 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 [F42 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 [F43 under 18]

Sentence	Rehabilitation period
A sentence of imprisonment [F44 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 [F44 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) [F45 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
[F46 A custodial order under Schedule 5A to the M28 Army Act 1955 or the M29 Air Force Act 1955, or under Schedule 4A to the M30 Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.]	[F46 Seven years]
[F47 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.]	[F47 Seven years.]
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under section 53 of the said Act of 1933 or under section [F48 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 [F49 section 4 of the Criminal Justice Act 1982,] section 4 of the M31 Criminal Justice Act 1961 . . . F50 .	Three years
[F46 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.]	[F46 Three years]
[F51 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.]	[F51 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 [F52 69(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, F53 . . . 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 F53 . . . 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.

[F54 (4A) Where in respect of a conviction a person was placed on probation, 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 probation order ceases or ceased to have effect, whichever is the longer.]

[F55 (4B) Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) 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 section 8 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 section 9 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 the Youth Justice and Criminal Evidence Act 1999 (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 section 8 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 section 9 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 M32 Children and Young Persons Act 1933 or section 61 of the M33 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 M34 Children and Young Persons Act 1963;

[F56 (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) a care order or a supervision order under any provision of the M35 Children and Young Persons Act 1969; or

(f) a supervision requirement under any provision of the [F57 Children (Scotland) Act 1995;]

[F58 (g) a community supervision order under Schedule 5A to the M36 Army Act 1955 or the M37 Air Force Act 1955, or under Schedule 4A to the M38 Naval Discipline Act 1957;

F59 (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 section 19 of the M39 Criminal Justice Act 1948; [F60 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.

F61 (6A) Where in respect of a conviction a detention and training order was made under section 73 of the Crime and Disorder Act 1998, 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 [F62 Part III of the Mental Health Act 1983] or under [F63 Part VI of the Mental Health (Scotland) Act 1984] (with or without [F64 a restriction order]) 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 [F65 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 section 53 of the said Act of 1933 or [F66 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 care order or supervision order under the M40 Children and Young Persons Act 1969, or a supervision requirement under the [F67 Children (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 the said Act of 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.

F68 (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F35 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)

F36 Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F37 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F38 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)

F39 Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)

F40 S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F41 S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)

F42 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.

F43 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.

F44 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)

F45 Words in Table A in s. 5(2) substituted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(2) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(b)

F46 Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)

F47 Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)

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

F49 Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)

F50 Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8

F51 Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)

F52 Words in s. 5(3)(b) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(a); S.I. 1996/3201, art. 3(7)

F53 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

F54 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

F55 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)); S.I. 2000/1587, art. 2(b)

F56 S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)

F57 Words in s. 5(5)(f) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(b) ; S.I. 1996/3201, art. 3(7)

F58 S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)

F59 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.

F60 S. 5(6)(d) and word “or" immediately preceding it inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)

F61 S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)

F62 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39

F63 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127(1), Sch. 3 para. 22

F64 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 49

F65 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)

F66 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)

F67 Words in s. 5(10) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(c); S.I. 1996/3201, art. 3(7)

F68 S. 5(10A) repealed (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 23(3)(d), Sch. 5; S.I. 1996/3201, art. 3(7)

Modifications etc. (not altering text)

C1 S. 5 modified (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124, Sch. 8 para. 16, Sch. 9 para. 8

Marginal Citations

M24 1933 c. 12.

M25 1955 c. 18.

M26 1955 c. 19.

M27 1957 c. 53.

M28 1955 c. 18.

M29 1955 c. 19.

M30 1957 c. 53.

M31 1961 c. 39.

M32 1933 c. 12.

M33 1937 c. 37.

M34 1963 c. 37.

M35 1969 c. 54.

M36 1955 c. 18.

M37 1955 c. 19.

M38 1957 c. 53.

M39 1948 c. 58.

M40 1969 c. 54.