Armed Forces Act 1996

13 Application of Rehabilitation of Offenders Act 1974. U.K.

(1) The M1 Rehabilitation of Offenders Act 1974 shall be amended as follows.

(2) In section 2 (rehabilitation of persons dealt with in service disciplinary proceedings), subsections (2) to (4) shall cease to have effect.

(3) [F1 In section 6 (the rehabilitation period)—

(a) in subsection (6) the words “Subject to subsection (7) below" shall cease to have effect; and

(b) after subsection (6)(b) there shall be inserted the following paragraph—

“(bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule to this Act;”; and

(c) in subsection (7) for the words “Notwithstanding subsection (6) above" there shall be substituted the words “ Except as provided by subsection (6)(bb) above ”.]

(4) [F1 The provisions set out in Schedule 4 to this Act shall be inserted as the Schedule to the M2 Rehabilitation of Offenders Act 1974.]

(5) The Rehabilitation of Offenders Act 1974 shall apply to convictions before the commencement date as if the amendments made by this section had always had effect; but this subsection does not apply to convictions to which section 2(1) of that Act applied before that date.

(6) Where by virtue of subsection (5) above a rehabilitation period applicable to a conviction would have ended before the commencement date, the individual concerned shall (subject to section 1(2) of the Rehabilitation of Offenders Act 1974) be treated as a rehabilitated person in respect of the conviction, and the conviction shall be regarded as spent, on and after that date.

(7) In this section “the commencement date” means the date on which this section comes into force.

Textual Amendments

F1 S. 13(3)(4) repealed (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3); S.I. 2014/423, art. 2(c) (with art. 3)

Marginal Citations

M1 1974 c. 53.

M2 1974 c. 53.