Rehabilitation of Offenders Act 1974

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;

[F1 (b) any of the following sentences, where the sentence is imposed for an offence specified in Schedule 18 to the Sentencing Code (serious violent, sexual and terrorism offences) or a service offence as respects which the corresponding offence is so specified—

(i) a sentence of imprisonment for a term exceeding 4 years;

(ii) a sentence of youth custody for such a term;

(iii) a sentence of detention in a young offender institution for such a term;

(iv) a sentence of corrective training for such a term;

(v) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for such a term;

(vi) a sentence of detention under section 250 or 252A of the Sentencing Code for such a term;

(vii) a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 for such a term;

(viii) a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 for such a term;]

(c) a sentence of preventive detention; F2 . . .

(d) a sentence of detention during Her Majesty’s pleasure or for life [F3 under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000] [F4 , under section 250 or 259 of the Sentencing Code] [F5 or under section 209 or 218 of the Armed Forces Act 2006,] [F6 or under section 205(2) or (3) of the Criminal Procedure (Scotland) [F7 Act 1995],] F8 ...

[F9 (e) a sentence of custody for life]; [F10 and]

[F11 (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 [F12 226A, 226B,] 227 or 228 of that Act [F13 or section 254, 266 or 279 of the Sentencing Code] [F14 (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.

[F15 (1ZA) In subsection (1)(b)—

(a) “service offence” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957, and

(b) “corresponding offence” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.

(1ZB) Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.]

[F16 (1A) In [F17 this 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.]

[F18 (2) For the purposes of this Act and subject to subsections [F19 (2A) to] (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
[F20 A custodial sentence of more than 4 years	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 1 year and up to, or consisting of, 4 years	The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 1 year or less	The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed	The end of the period of 6 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
[F21 A severe reprimand or reprimand under the Armed Forces Act 2006	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 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
F22 . . .	F22 . . .	F22 . . .
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

[F23 (2A) Subsection (2B) applies where provision is made by or under a relevant order for the order to have effect—

(a) until further order,

(b) until the occurrence of a specified event, or

(c) otherwise for an indefinite period.

(2B) The rehabilitation period for the order is the period—

(a) beginning with the date of the conviction in respect of which the order is imposed, and

(b) ending when the order ceases to have effect.]

[F24 (3) The rehabilitation period for a relevant order which is not otherwise dealt with in the Table or under subsections (2A) and (2B) is 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 [F25 any of subsections (2A) to (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) [F26 Subject to subsection (7A), 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 [F27 or paragraph 3(2) of Schedule 12 to the Sentencing Code],

(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.

[F28 (7A) Subsection (7)(a) or (b) does not apply for the purposes of determining whether a sentence is excluded from rehabilitation by virtue of subsection (1)(b).

(7B) For the purposes of this section, a sentence imposed as mentioned in subsection (7)(f) for an offence—

(a) under the law of Scotland, Northern Ireland or a country or territory outside the United Kingdom, and

(b) which would have constituted an offence specified in Schedule 18 to the Sentencing Code if it had been committed in England and Wales,

is to be treated as a sentence for an offence specified in that Schedule (and for this purpose an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law).]

(8) In this section—

• “community or youth rehabilitation order” means—

  (a)

  a community order under [F29 Chapter 2 of Part 9 of the Sentencing Code],

  (b)

  a service community order or overseas community order under the Armed Forces Act 2006,

  (c)

  a youth rehabilitation order under [F30 Chapter 1 of Part 9 of the Sentencing Code], 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 [F31 section 250 [F32 or 252A] of the Sentencing Code] or section 209 of the Armed Forces Act 2006,

  (g)

  a detention and training order [F33 within the meaning given by section 233 of the Sentencing Code] 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—

  (za)

  [F34 a community or youth rehabilitation order,]

  (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 [F35 Chapter 1 of Part 6 of the Sentencing Code],

  (f)

  an earlier statutory order, or

  (g)

  [F36 any order which—

  (i)

  imposes a disqualification, disability, prohibition, penalty, requirement or restriction, or

  (ii)

  is otherwise intended to regulate the behaviour of the person convicted,

  and is not otherwise dealt with in the Table,]

  but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000 [F37 or Chapter 2 of Part 6 of the Sentencing Code],

• “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

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1 S. 5(1)(b) substituted (E.W.) (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(3)(a), 208(1); S.I. 2023/1128, reg. 2

F2 Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F3 Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)

F4 Words in s. 5(1)(d) inserted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F5 Words 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)

F6 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F7 Words in s. 5(1)(d) substituted (E.W.) (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 48(a)

F8 Words in s. 5(1)(d) omitted (E.W.) (with application in accordance with s. 193(16)-(18) of the amending Act) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 193(3)(b), 208(1); S.I. 2023/1128, reg. 2

F9 S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F10 Word 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)

F11 S. 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)

F12 Words 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)

F13 Words in s. 5(1)(f) inserted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1)(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F14 Words 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)

F15 S. 5(1ZA)(1ZB) inserted (E.W.) (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(4), 208(1); S.I. 2023/1128, reg. 2

F16 S. 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)

F17 Words 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)

F18 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)

F19 Words in s. 5(2) substituted (E.W.) (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(5), 208(1); S.I. 2023/1128, reg. 2

F20 Words in s. 5(2)(b) Table substituted (E.W.) (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(6)(a), 208(1); S.I. 2023/1128, reg. 2

F21 Words in s. 5(2)(b) Table inserted (E.W.) (1.5.2022) by Armed Forces Act 2021 (c. 35), ss. 18, 24(1); S.I. 2022/471, reg. 4(d)

F22 Words in s. 5(2)(b) Table omitted (E.W.) (with application in accordance with s. 193(16)-(18) of the amending Act) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 193(6)(b), 208(1); S.I. 2023/1128, reg. 2

F23 S. 5(2A)(2B) inserted (E.W.) (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(7), 208(1); S.I. 2023/1128, reg. 2

F24 S. 5(3) substituted (E.W.) (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(8), 208(1); S.I. 2023/1128, reg. 2

F25 Words in s. 5(4)(b) substituted (E.W.) (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(9), 208(1); S.I. 2023/1128, reg. 2

F26 Words in s. 5(7) substituted (E.W.) (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(10), 208(1); S.I. 2023/1128, reg. 2

F27 Words in s. 5(7)(e) inserted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1)(4) (with Sch. 27); S.I. 2020/1236, reg. 2

F28 S. 5(7A)(7B) inserted (E.W.) (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(11), 208(1); S.I. 2023/1128, reg. 2

F29 Words in s. 5(8) substituted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F30 Words in s. 5(8) substituted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F31 Words in s. 5(8) substituted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(c) (with Sch. 27); S.I. 2020/1236, reg. 2

F32 Words in s. 5(8) inserted (E.W.) (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 13(b)

F33 Words in s. 5(8) substituted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(d) (with Sch. 27); S.I. 2020/1236, reg. 2

F34 Words in s. 5(8) inserted (E.W.) (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(12)(a), 208(1); S.I. 2023/1128, reg. 2

F35 Words in s. 5(8) substituted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(e) (with Sch. 27); S.I. 2020/1236, reg. 2

F36 Words in s. 5(8) substituted (E.W.) (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(12)(b), 208(1); S.I. 2023/1128, reg. 2

F37 Words in s. 5(8) inserted (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 32(1), (5)(f) (with Sch. 27); S.I. 2020/1236, reg. 2

5 [F38 Disclosure] periods for particular sentences. S

(1) The sentences [F39 which are excluded sentences for the purposes of] this Act are—

(a) a sentence of imprisonment for life;

(b) a sentence of imprisonment F40 ... or corrective training for a term exceeding [F41 48] months;

(c) a sentence of preventive detention; F42 . . .

(d) a sentence of detention during Her Majesty’s pleasure or for life F43 ... [F5 under section 209 or 218 of the Armed Forces Act 2006,] [F44 under section 205(2) or (3) of the Criminal Procedure (Scotland) Act [F45 1995],] F46 [or a sentence of detention for a term exceeding thirty months passed under F47 ...] [F48 (young offenders convicted of grave crimes) F47 ... [F49 section 209 of the said Act of 2006] F50 ...]

[F51 (da) a sentence of detention for a term exceeding 48 months passed under section [F52 205ZA(6) (serious terrorism sentence for young offenders), 205ZC(4) or (5) (terrorism sentence for young offenders or children),] 207 (detention of young offenders) or 208 (detention of children convicted on indictment) of the Criminal Procedure (Scotland) Act 1995;]

[F53 (e) a sentence of custody for life]; [F10 and]

[F11 (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 [F12 226A, 226B,] 227 or 228 of that Act]

and any other sentence is a [F54 disclosable sentence].

[F16 (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.]

[F55 (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.]

[F56 (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.]

F57 (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 [F58 (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 [F59 (2A)].

[F60 (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, [F61 205ZA(6), 205ZC(4) or (5),] 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).]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F5 Words 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)

F10 Word 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)

F11 S. 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)

F12 Words 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)

F16 S. 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)

F38 Word in s. 5 heading substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(9); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F39 Words in s. 5(1) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(8)(a)(i); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F40 Words in s. 5(1)(b) repealed (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(a)(i), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F41 Word in s. 5(1)(b) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(a)(ii), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F42 Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16

F43 Words in s. 5(1)(d) repealed (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(b)(i), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F44 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)

F45 Word in s. 5(1)(d) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(b)(ii), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F46 Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)

F47 Words in s. 5(1)(d) repealed (S.) (30.11.2020) by virtue of Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(b)(iii), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F48 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)

F49 Words 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)

F50 Words in s. 5(1)(d) repealed (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(b)(iv), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F51 S. 5(1)(da) inserted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 18(2)(c), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F52 Words in s. 5(1)(da) inserted (S.) (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 49(a)

F53 S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)

F54 Words in s. 5(1) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(8)(a)(ii); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F55 S. 5(1B) inserted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(8)(b); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F56 S. 5(2A)-(2G) substituted for s. 5(2)-(10) (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 19(2), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F57 S. 5(10A) repealed (S.) (1.4.1997) by 1995 c. 36, s. 105(4)(5), Sch. 4 para. 23(3)(d), Sch. 5; S.I. 1996/3201, art. 3(7)

F58 Words in s. 5(11)(a) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 19(3)(a), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F59 Word in s. 5(11)(b) substituted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 19(3)(b), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F60 S. 5(12) inserted (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 19(4), 63(2) (with s. 37); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)

F61 Words in s. 5(12) inserted (S.) (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 49(b)

Modifications etc. (not altering text)

C1 S. 5 modified (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124, Sch. 8 para. 16, Sch. 9 para. 8