- Latest available (Revised)
- Original (As enacted)
Rehabilitation of Offenders Act 1974
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
Rehabilitation of Offenders Act 1974, Paragraph 1 is up to date with all changes known to be in force on or before 31 December 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 3 Paragraph 1:
- s. 5(2AA) inserted by 2020 asp 13 sch. 5 para. 2(2)
- s. 5J(1)(ba) inserted by 2020 asp 13 sch. 5 para. 2(8)(a)
- s. 5J(1A)(1B) inserted by 2020 asp 13 sch. 5 para. 2(8)(b)
- s. 8A(2)(aa)-(ad) substituted for s. 8A(2)(a) by 2022 c. 32 Sch. 11 para. 2(a)
- s. 8B(1A)-(1E) inserted by 2011 asp 1 s. 187(2)(a)
- Sch. 3 para. 1(1)(aa) (ab) inserted by 2011 asp 1 s. 187(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 5(2AA) inserted by 2020 asp 13 sch. 5 para. 2(2)
- s. 5J(1)(ba) inserted by 2020 asp 13 sch. 5 para. 2(8)(a)
- s. 5J(1A)(1B) inserted by 2020 asp 13 sch. 5 para. 2(8)(b)
- s. 8A(2)(aa)-(ad) substituted for s. 8A(2)(a) by 2022 c. 32 Sch. 11 para. 2(a)
- s. 8B(1A)-(1E) inserted by 2011 asp 1 s. 187(2)(a)
- Sch. 3 para. 1(1)(aa) (ab) inserted by 2011 asp 1 s. 187(3)
[F11(1)For the purposes of this Act, an alternative to prosecution given to any person (whether before or after the commencement of this Schedule) becomes spent—S
(a)in the case of—
(i)a warning referred to in paragraph (a) of subsection (1) of section 8B, or
(ii)a fixed penalty notice referred to in paragraph (d) of that subsection,
at the time the warning or notice is given,
(b)in any other case, at the end of the relevant period.
(2)The relevant period in relation to an alternative to prosecution is the period of 3 months beginning on the day on which the alternative to prosecution is given.
(3)Sub-paragraph (1)(a) is subject to sub-paragraph (5).
(4)Sub-paragraph (2) is subject to sub-paragraph (6).
(5)If a person who is given a fixed penalty notice referred to in section 8B(1)(d) in respect of an offence is subsequently prosecuted and convicted of the offence, the notice—
(a)becomes spent at the end of the [F2disclosure] period for the offence, and
(b)is to be treated as not having become spent in relation to any period before the end of that [F2disclosure] period.
(6)If a person who is given an alternative to prosecution (other than one to which sub-paragraph (1)(a) applies) in respect of an offence is subsequently prosecuted and convicted of the offence—
(a)the relevant period in relation to the alternative to prosecution ends at the same time as the [F3disclosure] period for the offence ends, and
(b)if the conviction occurs after the end of the period referred to in sub-paragraph (2), the alternative to prosecution is to be treated as not having become spent in relation to any period before the end of the [F3disclosure] period for the offence.]
Textual Amendments
F1Sch. 3 inserted (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 109(4), 206(1); S.S.I. 2011/354, art. 2(1), Sch.
F2Word in Sch. 3 para. 1(5) substituted (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(18)(a); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
F3Word in Sch. 3 para. 1(6) substituted (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(18)(b); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.