Rehabilitation of Offenders (Northern Ireland) Order 1978

The rehabilitation period applicable to a conviction N.I.

7.—(1) Where only one sentence is imposed in respect of a conviction (not being a sentence excluded from rehabilitation under this Order) the rehabilitation period applicable to the conviction is, subject to the following provisions of this Article, the period applicable to the sentence in accordance with Article 6.

(2) Where more than one sentence is imposed in respect of a conviction (whether or not in the same proceedings) and none of the sentences imposed is excluded from rehabilitation under this Order, then, subject to the following provisions of this Article, if the periods applicable to those sentences in accordance with Article 6 differ, the rehabilitation period applicable to the conviction shall be the longer or the longest (as the case may be) of those periods.

(3) Without prejudice to paragraph (2), where in respect of a conviction a person was conditionally discharged or placed on probation and after the end of the rehabilitation period applicable to the conviction in accordance with paragraph (1) or (2) he is dealt with, in consequence of a breach of conditional discharge or probation, for the offence for which the order for conditional discharge or probation order was made, then, if the rehabilitation period applicable to the conviction in accordance with paragraph (2) (taking into account any sentence imposed when he is so dealt with) ends later than the rehabilitation period previously applicable to the conviction, he shall be treated for the purposes of this Order as not having become a rehabilitated person in respect of that conviction, and the conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation period.

(4) Subject to paragraph (5), where during the rehabilitation period applicable to a conviction—

(a) the person convicted is convicted of a further offence; and

(b) no sentence excluded from rehabilitation under this Order is imposed on him in respect of the later conviction;

if the rehabilitation period applicable in accordance with this Article to either of the convictions would end earlier than the period so applicable in relation to the other, the rehabilitation period which would (apart from this paragraph) end the earlier shall be extended so as to end at the same time as the other rehabilitation period.

(5) Where the rehabilitation period applicable to a conviction is the rehabilitation period applicable in accordance with Article 6(8) to an order imposing on a person any disqualification, disability, prohibition or other penalty, the rehabilitation period applicable to another conviction shall not by virtue of paragraph (4) be extended by reference to that period; but if any other sentence is imposed in respect of the first-mentioned conviction for which a rehabilitation period is prescribed by any other provision of Article 6, the rehabilitation period applicable to another conviction shall, where appropriate, be extended under paragraph (4) by reference to the rehabilitation period applicable in accordance with that Article to that sentence or, where more than one such sentence is imposed, by reference to the longer or longest of the periods so applicable to those sentences, as if the period in question were the rehabilitation period applicable to the first-mentioned conviction.

(6) F1 . . . , for the purposes of paragraph (4)( a) there shall be disregarded—

(a) any conviction in Northern Ireland of an offence which is not triable on indictment;

(b) any conviction by or before a court outside Northern Ireland of an offence in respect of conduct which, if it had taken place in Northern Ireland, would not have constituted an offence under the law in force in Northern Ireland.

[F1 (bb) any conviction in service disciplinary proceedings for an offence listed in the Schedule;]

Para. (7) rep. by 1996 c. 46

F1 1996 c. 46