Rehabilitation of Offenders Act 1974

Changes over time for: Section 5

Version Superseded: 01/12/2020

Status:

Point in time view as at 30/11/2020. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.

Changes to legislation:

Rehabilitation of Offenders Act 1974, Section 5 is up to date with all changes known to be in force on or before 31 August 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

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 [F1youth custody] [F2detention in a young offender institution] or corrective training for a term exceeding [F3forty eight months];

(c)a sentence of preventive detention; F4. . .

(d)a sentence of detention during Her Majesty’s pleasure or for life [F5under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000] [F6or under section 209 or 218 of the Armed Forces Act 2006,] [F7or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,] [F8or a sentence of detention for a term exceeding [F3forty eight months] passed under section 91 of the said Act of 2000] [F9(young offenders convicted of grave crimes) [F10or section 209 of the said Act of 2006] or under section 206 of the said Act of 1975 (detention of children convicted on indictment)] F11. . . [F12and

(e)a sentence of custody for life]; [F13and]

[F14(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 [F15 226A, 226B,] 227 or 228 of that Act [F16 (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.

[F17(1A)In [F18this 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.]

[F19(2)For the purposes of this Act and subject to subsections (3) and (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
A custodial sentence of more than 30 months and up to, or consisting of, 48 months	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 6 months and up to, or consisting of, 30 months	The end of the period of 48 months beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 6 months or less	The end of the period of 24 months beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 18 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
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
A community or youth rehabilitation order	The end of the period of 12 months beginning with the day provided for by or under the order as the last day on which the order is to have effect	The end of the period of 6 months beginning with the day provided for by or under the order as the last day on which the order is to have effect
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

(3)Where no provision is made by or under a community or youth rehabilitation order or a relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be 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 subsection (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)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,

(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.

(8)In this section—

“community or youth rehabilitation order” means—
(a)
a community order under section 177 of the Criminal Justice Act 2003,
(b)
a service community order or overseas community order under the Armed Forces Act 2006,
(c)
a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008, or
(d)
any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),
“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 section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 of the Armed Forces Act 2006,
(g)
a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 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),
“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,
“relevant order” means—
(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 section 16 of the Powers of Criminal Courts (Sentencing) Act 2000,
(f)
an earlier statutory order, or
(g)
any order which imposes a disqualification, disability, prohibition or other penalty and is not otherwise dealt with in the Table or under subsection (3),
but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000,
“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).]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)

F2Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16

F3Words in s. 5(1)(b)(d) substituted (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(2), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

F4Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F5Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)

F6Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(i); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F7Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F8Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)

F9Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)

F10Words in s. 5(1)(d) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(ii); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F11Words in s. 5(1)(d) omitted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by virtue of Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(a)(iii); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F12S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F13Word 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)

F14S. 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)

F15Words in s. 5(1)(f) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 2; S.I. 2012/2906, art. 2(s)

F16Words in s. 5(1)(f) inserted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(2)(b); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F17S. 5(1A) substituted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 65(3); S.I. 2009/812, art. 3; S.I. 2009/1167, art. 4 (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in S.I. 2009/1059, arts 1(2)(3), 205, Sch. 1 para. 14)

F18Words in s. 5(1A) substituted (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(3), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

F19 S. 5(2)-(8) substituted (E.W.) for s. 5(2)-(11) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(4), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

5 [F20Disclosure] periods for particular sentences. S

(1)The sentences [F21which are excluded sentences for the purposes of] this Act are—

(a)a sentence of imprisonment for life;

(b)a sentence of imprisonment F22... or corrective training for a term exceeding [F2348] months;

(c)a sentence of preventive detention; F24. . .

(d)a sentence of detention during Her Majesty’s pleasure or for life F25... [F6under section 209 or 218 of the Armed Forces Act 2006,] [F26under section 205(2) or (3) of the Criminal Procedure (Scotland) Act [F271995],] F28[or a sentence of detention for a term exceeding thirty months passed under F29...] [F30(young offenders convicted of grave crimes) F29... [F10section 209 of the said Act of 2006] F31...]

[F32(da)a sentence of detention for a term exceeding 48 months passed under section 207 (detention of young offenders) or 208 (detention of children convicted on indictment) of the Criminal Procedure (Scotland) Act 1995;]

[F33(e)a sentence of custody for life]; [F13and]

and any other sentence is a [F34disclosable sentence] .

[F17(1A)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.]

[F35(1B)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.]

[F36(2A)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.]

F37(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 [F38(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 [F39(2A)] .

[F40(12)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, 207 or 208 of the Criminal Procedure (Scotland) Act 1995,
(c)
a sentence of Borstal training,
(d)
a sentence of corrective training,
“sentence of imprisonment” includes a sentence of penal servitude (and references to terms of imprisonment are to be read accordingly).]