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Rehabilitation of Offenders Act 1974 is up to date with all changes known to be in force on or before 15 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.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Sch. 1 omitted (E.W.) (10.3.2014) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 para. 11 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
F2Sch. inserted (1.10.1996) by 1996 c. 46, s. 13(4)(5)(6), Sch. 4; S.I. 1996/2474, art. 2
F3Sch. renumbered as Sch. 1 (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 49, 153(7), Sch. 10 para. 5 (with Sch. 27 para. 19); S.I. 2008/3260, art. 2(1)(d); and Sch. so renumbered (S.) (1.11.20011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 203, 206(1), Sch. 7 para. 10; S.S.I. 2011/354, art. 2, Sch.
1E+W+SAny conviction for an offence mentioned in this Schedule is a conviction referred to in section 6(6)(bb) of this Act (convictions to be disregarded for the purposes of extending a [F4disclosure period] following subsequent conviction).
Textual Amendments
F4Words in Sch. 1 para. 1 substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(16); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
2E+W+S Any offence under any of the provisions of the M1 Army Act 1955 or the M2 Air Force Act 1955 listed in the first column of the following table:—
Provision | Subject-matter |
---|---|
Section 29 | Offences by or in relation to sentries, persons on watch etc. |
Section 29A | Failure to attend for duty, neglect of duty etc. |
Section 33 | Insubordinate behaviour. |
Section 34 | Disobedience to lawful commands. |
Section 34A | Failure to provide a sample for drug testing. |
Section 35 | Obstruction of provost officers. |
Section 36 | Disobedience to standing orders. |
Section 38 | Absence without leave. |
Section 39 | Failure to report or apprehend deserters or absentees. |
Section 42 | Malingering. |
Section 43 | Drunkenness. |
Section 43A | Fighting, threatening words etc. |
Section 44 | Damage to, and loss of, public or service property etc. |
Section 44A | Damage to, and loss of, Her Majesty’s aircraft or aircraft material. |
Section 44B | Interference etc. with equipment, messages or signals. |
Section 45 | Misapplication and waste of public or service property. |
Section 46 | Offences relating to issues and decorations. |
Section 47 | Billeting offences. |
Section 48 | Offences in relation to requisitioning of vehicles. |
Section 50 | Inaccurate certification. |
Section 51 | Low flying. |
Section 52 | Annoyance by flying. |
Section 54 | Permitting escape, and unlawful release of prisoners. |
Section 55 | Resistance to arrest. |
Section 56 | Escape from confinement. |
Section 57 | Offences in relation to courts-martial. |
Section 61 | Making of false statements on enlistment. |
Section 62 | Making of false documents. |
Section 63 | Offences against civilian population. |
Section 69 | Conduct to prejudice of military discipline or air-force discipline. |
3E+W+S Any offence under section 68 (attempt to commit military offence) or 68A (aiding and abetting etc. , and inciting, military offence) of the M3 Army Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
Marginal Citations
4E+W+S Any offence under section 68 (attempt to commit air-force offence) or 68A (aiding and abetting etc. , and inciting, air-force offence) of the M4 Air Force Act 1955 in relation to an offence under any of the provisions of that Act listed in paragraph 2.
Marginal Citations
5E+W+S Any offence under any of the provisions of the M5 Naval Discipline Act 1957 listed in the first column of the following table:—
Provision | Subject-matter |
---|---|
Section 6 | Offences by or in relation to sentries, persons on watch etc. |
Section 7 | Failure to attend for duty, neglect of duty etc. |
Section 11 | Insubordinate behaviour. |
Section 12 | Disobedience to lawful commands. |
Section 12A | Failure to provide a sample for drug testing. |
Section 13 | Fighting, threatening words etc. |
Section 14 | Obstruction of provost officers. |
Section 14A | Disobedience to standing orders. |
Section 17 | Absence without leave etc. |
Section 18 | Failure to report deserters and absentees. |
Section 21 | Low flying. |
Section 22 | Annoyance by flying. |
Section 25 | Inaccurate certification. |
Section 27 | Malingering. |
Section 28 | Drunkenness. |
Section 29 | Damage to, and loss of, public or service property etc. |
Section 29A | Damage to, and loss of, Her Majesty’s aircraft or aircraft material. |
Section 29B | Interference etc. with equipment, messages or signals. |
Section 30 | Misapplication and waste of public or service property. |
Section 31 | Offences relating to issues and decorations. |
Section 32 | Billeting offences. |
Section 33 | Offences in relation to the requisitioning of vehicles etc. |
Section 33A | Permitting escape, and unlawful release of prisoners. |
Section 33B | Resistance to arrest. |
Section 33C | Escape from confinement. |
Section 34A | False statements on entry. |
Section 35 | Falsification of documents. |
Section 35A | Offences against civilian population. |
Section 38 | Offences in relation to courts-martial. |
Section 39 | Conduct to the prejudice of naval discipline. |
Marginal Citations
6E+W+S Any offence under section 40 (attempt to commit naval offence) or 41 (aiding and abetting etc. , and inciting, naval offence) of the M6 Naval Discipline Act 1957 in relation to an offence under any of the provisions of that Act listed in paragraph 5.
Marginal Citations
Textual Amendments
F5Sch. 1 para. 7 and cross-heading inserted (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. 66; 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)
7E+W+SAny service offence within the meaning of the Armed Forces Act 2006 except one punishable in the case of an offender aged 18 or over with imprisonment for more than two years.]]]
Textual Amendments
F6Sch. 2 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 49, 153(7), Sch. 10 para. 6 (with Sch. 27 para. 19); S.I. 2008/3260, art. 2(1)(d)
1(1)For the purposes of this Schedule a caution shall be regarded as a spent caution—E+W
(a)in the case of a conditional caution (as defined in section 8A(2)(a)) [F7—
(i)at the end of the period of three months from the date on which the caution is given, or
(ii)if earlier, when the caution ceases to have effect; and]
(b)in any other case, at the time the caution is given.
F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 2 para. 1(1)(a)(i)(ii) substituted for words (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(7)(a), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)
F8Sch. 2 para. 1(2)(3) omitted (10.3.2014) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(7)(b), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)
F9By Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(17)(a); S.S.I. 2020/245, reg. 2, sch. (with reg. 3) it is provided that (S.) (30.11.2020) in Sch. 2 para. 1(3)(a)(b) the word “disclosure” is substituted for “rehabilitation” in each place where it occurs [Editorial note: The purported substitution cannot be applied because the affected provision does not extend to Scotland.]
2(1) In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following— E+W
(a)the offence which was the subject of the caution or the conduct constituting that offence;
(b)any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution);
(c)any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end);
(d)any judicial review proceedings relating to the caution;
(e)in the case of a [F10youth caution given under section 66ZA] of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section [F1166ZB(2) or (3)] of that Act;
(f)in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions.
(2)Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned.
(3) In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4.
Textual Amendments
F10Words in Sch. 2 para. 2(1)(e) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 3(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F11Words in Sch. 2 para. 2(1)(e) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 3(b) (with s. 135(4)); S.I. 2013/453, art. 4(f)
3(1)A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary—E+W
(a)no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and
(b)a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary circumstances.
(2)Nothing in sub-paragraph (1) applies in relation to any proceedings for the offence which are not part of the ancillary circumstances relating to the caution.
(3)Where a question seeking information with respect to a person's previous cautions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority—
(a)the question shall be treated as not relating to spent cautions or to any ancillary circumstances, and the answer may be framed accordingly; and
(b)the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent caution or any ancillary circumstances in his answer to the question.
(4)Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent caution or any ancillary circumstances (whether the caution is his own or another's).
(5)A caution which has become spent or any ancillary circumstances, or any failure to disclose such a caution or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment.
(6)This paragraph has effect subject to paragraphs 4 to 6.
Modifications etc. (not altering text)
C1Sch. 2 para. 3(1) excluded (18.12.2008) by S.I. 1975/1023, art. 5, Sch. 3 (as amended by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 (S.I. 2008/3259), art. 6)
C2Sch. 2 para. 3(1)(5) excluded (7.7.2009) by S.I. 1975/1023, art. 6(3) (as inserted by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009 (S.I. 2009/1818), art. 6)
C3Sch. 2 para. 3(3) excluded (18.12.2008) by S.I. 1975/1023, art. 3 (as amended by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 (S.I. 2008/3259), art. 4)
C4Sch. 2 para. 3(3) excluded (7.7.2009) by S.I. 1975/1023, art. 6(1) (as inserted by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2009 (S.I. 2009/1818), art. 6)
C5Sch. 2 para. 3(3) excluded (31.3.2010) by S.I. 1975/1023, art. 3A (as inserted by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2010 (S.I. 2010/1153), art. 3)
Sch. 2 para. 3(3) excluded (31.3.2010) by S.I. 1975/1023, art. 6 (as substituted by The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2010 (S.I. 2010/1153), art. 4)
C6Sch. 2 para. 3(5) excluded (18.12.2008) by S.I. 1975/1023, art. 4 (as amended by the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008 (S.I. 2008/3259), art. 5)
4E+WThe Secretary of State may by order—
(a)make provision for excluding or modifying the application of either or both of paragraphs (a) or (b) of paragraph 3(3) in relation to questions put in such circumstances as may be specified in the order;
(b)provide for exceptions from the provisions of sub-paragraphs (4) and (5) of paragraph 3, in such cases or classes of case, and in relation to cautions of such a description, as may be specified in the order.
5E+WNothing in paragraph 3 affects—
(a)the operation of the caution in question; or
F12(b)the operation of any enactment by virtue of which, in consequence of any caution, a person is subject to any disqualification, disability, prohibition [F13, requirement] or other restriction or effect, the period of which extends beyond the rehabilitation period applicable to the caution.
Textual Amendments
F12By Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(17)(b); S.S.I. 2020/245, reg. 2, sch. (with reg. 3) it is provided that (S.) (30.11.2020) in Sch. 2 para. 5(b) the word “disclosure” is substituted for “rehabilitation” [Editorial note: The purported substitution cannot be applied because the affected provision does not extend to Scotland.]
F13Word in Sch. 2 para. 5(b) inserted (with application in accordance with s. 193(16)-(18) of the amending Act) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 193(15), 208(1); S.I. 2023/1128, reg. 2
6(1)Section 7(2), (3) and (4) apply for the purposes of this Schedule as follows.E+W
(2)Subsection (2) (apart from paragraphs (b) and (d)) applies to the determination of any issue, and the admission or requirement of any evidence, relating to a person's previous cautions or to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto.
(3)Subsection (3) applies to evidence of a person's previous cautions and ancillary circumstances as it applies to evidence of a person's convictions and the circumstances ancillary thereto; and for this purpose subsection (3) shall have effect as if—
(a)any reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph; and
(b)the words “or proceedings to which section 8 below applies” were omitted.
(4)Subsection (4) applies for the purpose of excluding the application of paragraph 3(1); and for that purpose subsection (4) shall have effect as if the words “(other than proceedings to which section 8 below applies)” were omitted.
(5)References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3(1).]
(introduced by section 8B(3))
Textual Amendments
F14Sch. 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.
1(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 [F15disclosure] 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 [F15disclosure] 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 [F16disclosure] 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 [F16disclosure] period for the offence.
Textual Amendments
F15Word 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)
F16Word 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)
2(1) In this Schedule, “ ancillary circumstances ”, in relation to an alternative to prosecution, means any circumstances of the following— S
(a)the offence in respect of which the alternative to prosecution is given or the conduct constituting the offence,
(b)any process preliminary to the alternative to prosecution being given (including consideration by any person of how to deal with the offence and the procedure for giving the alternative to prosecution),
(c)any proceedings for the offence which took place before the alternative to prosecution was given (including anything that happens after that time for the purpose of bringing the proceedings to an end),
(d)any judicial review proceedings relating to the alternative to prosecution,
(e)anything done or undergone in pursuance of the terms of the alternative to prosecution.
(2)Where an alternative to prosecution is given in respect of two or more offences, references in sub-paragraph (1) to the offence in respect of which the alternative to prosecution is given includes a reference to each of the offences.
(3) In this Schedule, “ proceedings before a judicial authority ” has the same meaning as in section 4.
3(1)A person who is given an alternative to prosecution in respect of an offence is, from the time the alternative to prosecution becomes spent, to be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence.S
(2)Despite any enactment or rule of law to the contrary—
(a)where an alternative to prosecution given to a person in respect of an offence has become spent, evidence is not admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Scotland to prove that the person has committed, been charged with or prosecuted for, or been given an alternative to prosecution in respect of, the offence,
(b)a person must not, in any such proceedings, be asked any question relating to the person's past which cannot be answered without acknowledging or referring to an alternative to prosecution that has become spent or any ancillary circumstances, and
(c)if a person is asked such a question in any such proceedings, the person is not required to answer it.
(3)Sub-paragraphs (1) and (2) do not apply in relation to any proceedings—
(a)for the offence in respect of which the alternative to prosecution was given, and
(b)which are not part of the ancillary circumstances.
4(1)This paragraph applies where a person (“A”) is asked a question, otherwise than in proceedings before a judicial authority, seeking information about—S
(a)A's or another person's previous conduct or circumstances,
(b)offences previously committed by A or the other person, or
(c)alternatives to prosecution previously given to A or the other person.
(2)The question is to be treated as not relating to alternatives to prosecution that have become spent or to any ancillary circumstances and may be answered accordingly.
(3)A is not to be subjected to any liability or otherwise prejudiced in law because of a failure to acknowledge or disclose an alternative to prosecution that has become spent or any ancillary circumstances in answering the question.
5(1)An obligation imposed on a person (“A”) by a rule of law or by the provisions of an agreement or arrangement to disclose any matter to another person does not extend to requiring A to disclose an alternative to prosecution (whether one given to A or another person) that has become spent or any ancillary circumstances.S
(2)An alternative to prosecution that has become spent or any ancillary circumstances, or any failure to disclose an alternative to prosecution that has become spent or any ancillary circumstances, is not a ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing the person in any way in any occupation or employment.
6SThe Scottish Ministers may by order—
(a)exclude or modify the application of either or both of sub-paragraphs (2) and (3) of paragraph 4 in relation to questions put in such circumstances as may be specified in the order,
(b)provide for exceptions from any of the provisions of paragraph 5 in such cases or classes of case, or in relation to alternatives to prosecution of such descriptions, as may be specified in the order
7SParagraphs 3 to 5 do not affect—
(a)the operation of an alternative to prosecution, or
(b)the operation of an enactment by virtue of which, because of an alternative to prosecution, a person is subject to a disqualification, disability, prohibition or other restriction or effect for a period extending beyond the time at which the alternative to prosecution becomes spent
8(1)Section 7(2), (3) and (4) apply for the purpose of this Schedule as follows.S
(2)Subsection (2), apart from paragraphs (b) and (d), applies to the determination of any issue, and the admission or requirement of evidence, relating to alternatives to prosecution previously given to a person and to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto.
(3)Subsection (3) applies to evidence of alternatives to prosecution previously given to a person and ancillary circumstances as it applies to evidence of a person's previous convictions and the circumstances ancillary thereto.
(4)For that purpose, subsection (3) has effect as if—
(a)a reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph, and
(b)the words “or proceedings to which section 8 below applies” were omitted.
(5)Subsection (4) applies for the purpose of excluding the application of paragraph 3.
(6)For that purpose, subsection (4) has effect as if the words “(other than proceedings to which section 8 below applies)” were omitted.
(7)References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3.]
[F179(1)The powers conferred on the Scottish Ministers by—S
(a)paragraph 6, and
(b)section 7(4), as applied by paragraph 8,
may be exercised to make provision relating to reserved matters and are not subject to the restrictions imposed by section 29(2)(b) or (c) of, or Schedule 4 to, the Scotland Act 1998.
(2)In this paragraph, “reserved matters” has the same meaning as in the Scotland Act 1998.]
Textual Amendments
F17Sch. 3 para. 9 inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 19, 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 15
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