(1)The sentences excluded from rehabilitation under this Act are—
(a)a sentence of imprisonment for life;
(b)a sentence of imprisonment [F1youth custody][F2detention in a young offender institution] or corrective training for a term exceeding thirty months;
(c)a sentence of preventive detention; . . . F3
(d)a sentence of detention during Her Majesty’s pleasure or for life [F4under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F5or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], [F6or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000][F7(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F8or a corresponding court-martial punishment][F9and
(e)a sentence of custody for life]; [F10and]
[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 227 or 228 of that Act]
and any other sentence is a sentence subject to rehabilitation under this Act .
[F12(1A)In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M1Army Act 1955, section 71A(3) or (4) of the M2Air Force Act 1955 or section 43A(3) or (4) of the M3Naval Discipline Act 1957.]
(2)For the purposes of this Act—
(a)the rehabilitation period applicable to a sentence specified in the first column of Table A below is the period specified in the second column of that Table in relation to that sentence, or, where the sentence was imposed on a person who was under [F13 eighteen years of age] at the date of his conviction, half that period; and
(b)the rehabilitation period applicable to a sentence specified in the first column of Table B below is the period specified in the second column of that Table in relation to that sentence;
reckoned in either case from the date of the conviction in respect of which the sentence was imposed.
TABLE A
Rehabilitation periods subject to reduction by half for persons [F14under 18]
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment [F15detention in a young offender institution][F16or youth custody] or corrective training for a term exceeding six months but not exceeding thirty months. | Ten years |
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service. | Ten years |
A sentence of imprisonment [F15detention in a young offender institution][F16or youth custody] for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
Any sentence of detention in respect of a conviction in service disciplinary proceedings. | Five years |
A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) [F17, (4A)] to (8) below applies. | Five years |
TABLE B
Rehabilitation periods for certain sentences confined to young offenders
Sentence | Rehabilitation period |
---|---|
A sentence of Borstal training. | Seven years |
[F18A custodial order under Schedule 5A to the M4Army Act 1955 or the M5Air Force Act 1955, or under Schedule 4A to the M6Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F18Seven years] |
[F19A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F19Seven years.] |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F20section 91 of the Powers of Criminal Courts (Sentencing) Act 2000]or under section [F21206 of the Criminal Procedure (Scotland) Act 1975]. | Five years |
A sentence of detention for a term not exceeding six months passed under either of those provisions. | Three years |
An order for detention in a detention centre made under [F22section 4 of the Criminal Justice Act 1982,] section 4 of the M7Criminal Justice Act 1961 . . . F23. | Three years |
[F18A custodial order under any of the Schedules to the said Acts of 1955 and 1957 mentioned above, where the maximum period of detention specified in the order is six months or less.] | [F18Three years] |
[F24A custodial order under section 71AA of the said Acts of 1955, or section 43AA or the said Act of 1957, where the maximum period of detention specified in the order is six months or less.] | [F24Three years.] |
(3)The rehabilitation period applicable—
(a)to an order discharging a person absolutely for an offence; and
(b)to the discharge by a children’s hearing under section 43(2) of the Social Work (Scotland) Act 1968 of the referral of a child’s case;
shall be six months from the date of conviction.
(4)Where in respect of a conviction a person was conditionally discharged, bound over to keep the peace or be of good behaviour, F25. . . the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order for conditional discharge F25. . . or (as the case may be) the recognizance or bond of caution to keep the peace or be of good behaviour ceases or ceased to have effect, whichever is the longer.
[F26(4A)Where in respect of a conviction [F27a probation order [F28or a community order under section 177 of the Criminal Justice Act 2003] was made], the rehabilitation period applicable to the sentence shall be—
(a)in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction;
(b)in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the [F29order in question] ceases or ceased to have effect, whichever is the longer.]
[F30(4B)Where in respect of a conviction a referral order (within the meaning of [F31the Powers of Criminal Courts (Sentencing) Act 2000]) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be—
(a)if a youth offender contract takes effect under [F32section 23] of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F33section 24] of that Act) the contract ceases to have effect;
(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.
(4C)Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to [F34the Powers of Criminal Courts (Sentencing) Act 2000] (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be—
(a)if a youth offender contract takes effect under [F35section 23] of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F36section 24] of that Act) the contract ceases to have effect;
(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect.]
(5)Where in respect of a conviction any of the following sentences was imposed, that is to say—
(a)an order under section 57 of the M8Children and Young Persons Act 1933 or section 61 of the M9Children and Young Persons (Scotland) Act 1937 committing the person convicted to the care of a fit person;
(b)a supervision order under any provision of either of those Acts or of the M10Children and Young Persons Act 1963;
[F37(c)an order under section 413 of the Criminal Procedure (Scotland) Act 1975 committing a child for the purpose of his undergoing residential training:]
(d)an approved school order under section 61 of the said Act of 1937;
(e)[F38a care order or]a supervision order under [F39section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(f)a supervision requirement under any provision of the M11Social Work (Scotland) Act 1968;
[F40(g)a community supervision order under Schedule 5A to the M12Army Act 1955 or the M13Air Force Act 1955, or under Schedule 4A to the M14Naval Discipline Act 1957;
F41(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order or requirement ceases or ceased to have effect, whichever is the longer.
(6)Where in respect of a conviction any of the following orders was made, that is to say—
(a)an order under section 54 of the said Act of 1933 committing the person convicted to custody in a remand home;
(b)an approved school order under section 57 of the said Act of 1933; or
(c)an attendance centre order under [F42section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F43or
(d)a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;]
the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending one year after the date on which the order ceases or ceased to have effect.
F44(6A)Where in respect of a conviction a detention and training order was made under [F45section 100 of the Powers of Criminal Courts (Sentencing) Act 2000], the rehabilitation period applicable to the sentence shall be—
(a)in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;
(b)in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect.
(7)Where in respect of a conviction a hospital order under [F46Part III of the Mental Health Act 1983] or under [F47Part VI of the Criminal Procedure (Scotland) Act 1995] was made, the rehabilitation period applicable to the sentence shall be the period of five years from the date of conviction or a period beginning with that date and ending two years after the date on which the hospital order ceases or ceased to have effect, whichever is the longer.
(8)Where in respect of a conviction an order was made imposing on the person convicted any disqualification, disability, prohibition or other penalty, the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending on the date on which the disqualification, disability, prohibition or penalty (as the case may be) ceases or ceased to have effect.
(9)For the purposes of this section—
(a)“sentence of imprisonment” includes a sentence of detention [F48under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975] and a sentence of penal servitude, and “term of imprisonment” shall be construed accordingly;
(b)consecutive terms of imprisonment or of detention under [F49section 91 of the Powers of Criminal Courts (Sentencing) Act 2000] or [F50section 206 of the said Act of 1975], and terms which are wholly or partly concurrent (being terms of imprisonment or detention imposed in respect of offences of which a person was convicted in the same proceedings) shall be treated as a single term;
(c)no account shall 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 outside Great Britain shall be treated as a sentence of that one of the descriptions mentioned in this section which most nearly corresponds to the sentence imposed.
(10)References in this section to the period during which a probation order, or a [F51care order or] supervision order under [F52the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the M15Social Work (Scotland) Act 1968, is or was in force include references to any period during which any order or requirement to which this subsection applies, being an order or requirement made or imposed directly or indirectly in substitution for the first-mentioned order or requirement, is or was in force.
This subsection applies—
(a)to any such order or requirement as is mentioned above in this subsection;
(b)to any order having effect under section 25(2) of [F53the Children and Young Persons Act 1969] as if it were a training school order in Northern Ireland; and
(c)to any supervision order made under section 72(2) of the said Act of 1968 and having effect as a supervision order under the M16Children and Young Persons Act (Northern Ireland) 1950.
[F54(10A)The reference in subsection (5) above to the period during which a reception order has effect includes a reference to any subsequent period during which by virtue of the order having been made the M17Social Work (Scotland) Act 1968 or the M18Children and Young Persons Act (Northern Ireland) 1968 has effect in relation to the person in respect of whom the order was made and subsection (10) above shall accordingly have effect in relation to any such subsequent period.]
(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 (8) above; and
(b)substitute a different age for the age mentioned in subsection (2)(a) above.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)
F2Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16
F3Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F4Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)
F5Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)
F6Words in s. 5(1)(d) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(b)
F7Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F8Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)
F9S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)
F10Word 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)
F11S. 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)
F12S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)
F13Words in s. 5(2)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(a), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F14Words in s. 5(2) in the Heading to Table A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(b), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F15Words inserted (E.W.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 9, 16
F16Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)
F17Words in Table A in s. 5(2) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 11(1)(a)(2); S.I. 1995/127, art. 2(1), Sch. Appendix A
F18Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)
F19Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)
F20Words in Table B in s. 5(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(3)
F21Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)
F22Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)
F23Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8
F24Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)
F25Words in s. 5(4) repealed (3.2.1995) by 1994 c. 33, s. 168(1)(3), Sch. 9 para. 11(1)(b)(2) Sch. 11; S.I. 1995/127, art. 2(1), Sch. Appendix A, Appendix C
F26S. 5(4A) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 11(1)(c)(2); S.I. 1995/127, art. 2(1), Sch. Appendix A
F27Words in s. 5(4A) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(a); S.I. 2001/919, art. 2(f)(ii)
F28Words in s. 5(4A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(3); 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)
F29Words in s. 5(4A)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(b); S.I. 2001/919, art. 2(f)(ii)
F30S. 5(4B)(4C) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(3)(with Sch. 7 paras. 3(3) 5(2))
F31Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)
F32Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)
F33Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)
F34Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)
F35Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)
F36Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)
F37S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)
F38Words in s. 5(5)(e) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15; S.I. 1991/828, art. 3(2)
F39Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)
F40S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)
F41S. 5(5)(h) repealed (1.1.1992)by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.
F42Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)
F43S. 5(6)(d) and word “or" preceding it inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)
F44S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)
F45Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)
F46Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39
F47Words in s. 5(7) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 6
F48Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)
F49Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)
F50Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)
F51Words in s. 5(10) repealed (E.W.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15; S.I. 1991/828, art. 3(2)
F52Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(a)
F53Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)
F54S. 5(10A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(3)
Marginal Citations
M181968 c. 34. (N.I.)
(1)The sentences excluded from rehabilitation under this Act are—
(a)a sentence of imprisonment for life;
(b)a sentence of imprisonment [F55youth custody] or corrective training for a term exceeding thirty months;
(c)a sentence of preventive detention; . . . F56
(d)a sentence of detention during Her Majesty’s pleasure or for life [F57under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000][F58or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,], [or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000][F59(young offenders convicted of grave crimes) or under section 206 of the said Act of 1975 (detention of children convicted on indictment)][F60or a corresponding court-martial punishment][F61and
(e)a sentence of custody for life]; [F10and]
[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 227 or 228 of that Act]
and any other sentence is a sentence subject to rehabilitation under this Act.
[F62(1A)In subsection (1)(d) above “corresponding court-martial punishment” means a punishment awarded under section 71A(3) or (4) of the M19Army Act 1955, section 71A(3) or (4) of the M20Air Force Act 1955 or section 43A(3) or (4) of the M21Naval Discipline Act 1957.]
(2)For the purposes of this Act—
(a)the rehabilitation period applicable to a sentence specified in the first column of Table A below is the period specified in the second column of that Table in relation to that sentence, or, where the sentence was imposed on a person who was under [F63 eighteen years of age] at the date of his conviction, half that period; and
(b)the rehabilitation period applicable to a sentence specified in the first column of Table B below is the period specified in the second column of that Table in relation to that sentence;
reckoned in either case from the date of the conviction in respect of which the sentence was imposed.
TABLE A
Rehabilitation periods subject to reduction by half for persons [F64under 18]
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment [F65or youth custody] or corrective training for a term exceeding six months but not exceeding thirty months. | Ten years |
A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service. | Ten years |
A sentence of imprisonment [F65or youth custody] for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
Any sentence of detention in respect of a conviction in service disciplinary proceedings. | Five years |
A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which Table B below or any of subsections (3) [F66to (8)]below applies. | Five years |
TABLE B
Rehabilitation periods for certain sentences confined to young offenders
Sentence | Rehabilitation period |
---|---|
A sentence of Borstal training. | Seven years |
[F67A custodial order under Schedule 5A to the M22Army Act 1955 or the M23Air Force Act 1955, or under Schedule 4A to the M24Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F67Seven years] |
[F68A custodial order under section 71AA of the Army Act 1955 or the Air Force Act 1955, or under section 43AA of the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months.] | [F68Seven years.] |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under [F69section 91 of the Powers of Criminal Courts (Sentencing) Act 2000] or under section [F70206 of the Criminal Procedure (Scotland) Act 1975]. | Five years |
A sentence of detention for a term not exceeding six months passed under either of those provisions. | Three years |
An order for detention in a detention centre made under [F71section 4 of the Criminal Justice Act 1982,] section 4 of the M25Criminal Justice Act 1961 . . . F72. | Three years |
[F67A custodial order under any of the Schedules to the said Acts of 1955 and 1957 mentioned above, where the maximum period of detention specified in the order is six months or less.] | [F67Three years] |
[F73A custodial order under section 71AA of the said Acts of 1955, or section 43AA or the said Act of 1957, where the maximum period of detention specified in the order is six months or less.] | [F73Three years.] |
(3)The rehabilitation period applicable—
(a)to an order discharging a person absolutely for an offence; and
(b)to the discharge by a children’s hearing under section [F7469(1)(b) and (12) of the Children (Scotland) Act 1995] of the referral of a child’s case;
shall be six months from the date of conviction.
(4)Where in respect of a conviction a person was conditionally discharged, bound over to keep the peace or be of good behaviour, F75. . . the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order for conditional discharge F75. . . or (as the case may be) the recognizance or bond of caution to keep the peace or be of good behaviour ceases or ceased to have effect, whichever is the longer.
[F76(4A)Where in respect of a conviction [F77a probation order [F28or a community order under section 177 of the Criminal Justice Act 2003]was made], the rehabilitation period applicable to the sentence shall be—
(a)in the case of a person aged eighteen years or over at the date of his conviction, five years from the date of conviction;
(b)in the case of a person aged under the age of eighteen years at the date of his conviction, two and a half years from the date of conviction or a period beginning with the date of conviction and ending when the [F78order in question] ceases or ceased to have effect, whichever is the longer.]
[F79(4B)Where in respect of a conviction a referral order (within the meaning of [F80the Powers of Criminal Courts (Sentencing) Act 2000]) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be—
(a)if a youth offender contract takes effect under [F81section 23] of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F82section 24] of that Act) the contract ceases to have effect;
(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.
(4C)Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to [F83the Powers of Criminal Courts (Sentencing) Act 2000] (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be—
(a)if a youth offender contract takes effect under [F84section 23]of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with [F85section 24] of that Act) the contract ceases to have effect;
(b)if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect.]
(5)Where in respect of a conviction any of the following sentences was imposed, that is to say—
(a)an order under section 57 of the M26Children and Young Persons Act 1933 or section 61 of the M27Children and Young Persons (Scotland) Act 1937 committing the person convicted to the care of a fit person;
(b)a supervision order under any provision of either of those Acts or of the M28Children and Young Persons Act 1963;
[F86(c)an order under section 413 of the Criminal Procedure (Scotland) Act 1975 committing a child for the purpose of his undergoing residential training:]
(d)an approved school order under section 61 of the said Act of 1937;
(e) a care order or a supervision order under [F87section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000]; or
(f)a supervision requirement under any provision of the [F88Children (Scotland) Act 1995;]
[F89(g)a community supervision order under Schedule 5A to the M29Army Act 1955 or the M30Air Force Act 1955, or under Schedule 4A to the M31Naval Discipline Act 1957;
F90(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
the rehabilitation period applicable to the sentence shall be one year from the date of conviction or a period beginning with that date and ending when the order or requirement ceases or ceased to have effect, whichever is the longer.
(6)Where in respect of a conviction any of the following orders was made, that is to say—
(a)an order under section 54 of the said Act of 1933 committing the person convicted to custody in a remand home;
(b)an approved school order under section 57 of the said Act of 1933; or
(c)an attendance centre order under [F91section 60 of the Powers of Criminal Courts (Sentencing) Act 2000]; [F92or
(d)a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;]
the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending one year after the date on which the order ceases or ceased to have effect.
F93(6A)Where in respect of a conviction a detention and training order was made under [F94section 100 of the Powers of Criminal Courts (Sentencing) Act 2000], the rehabilitation period applicable to the sentence shall be—
(a)in the case of a person aged fifteen years or over at the date of his conviction, five years if the order was, and three and a half years if the order was not, for a term exceeding six months;
(b)in the case of a person aged under fifteen years at the date of his conviction, a period beginning with that date and ending one year after the date on which the order ceases to have effect.
(7)Where in respect of a conviction a hospital order under [F95Part III of the Mental Health Act 1983] or under [F47Part VI of the Criminal Procedure (Scotland) Act 1995] was made, the rehabilitation period applicable to the sentence shall be the period of five years from the date of conviction or a period beginning with that date and ending two years after the date on which the hospital order ceases or ceased to have effect, whichever is the longer.
(8)Where in respect of a conviction an order was made imposing on the person convicted any disqualification, disability, prohibition or other penalty, the rehabilitation period applicable to the sentence shall be a period beginning with the date of conviction and ending on the date on which the disqualification, disability, prohibition or penalty (as the case may be) ceases or ceased to have effect.
(9)For the purposes of this section—
(a)“sentence of imprisonment” includes a sentence of detention [F96under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975] and a sentence of penal servitude, and “term of imprisonment” shall be construed accordingly;
(b)consecutive terms of imprisonment or of detention under [F97section 91 of the Powers of Criminal Courts (Sentencing) Act 2000] or [F98section 206 of the said Act of 1975], and terms which are wholly or partly concurrent (being terms of imprisonment or detention imposed in respect of offences of which a person was convicted in the same proceedings) shall be treated as a single term;
(c)no account shall 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 outside Great Britain shall be treated as a sentence of that one of the descriptions mentioned in this section which most nearly corresponds to the sentence imposed.
(10)References in this section to the period during which a probation order, or a care order or supervision order under [F99the Powers of Criminal Courts (Sentencing) Act 2000], or a supervision requirement under the [F100Children (Scotland) Act 1995], is or was in force include references to any period during which any order or requirement to which this subsection applies, being an order or requirement made or imposed directly or indirectly in substitution for the first-mentioned order or requirement, is or was in force.
This subsection applies—
(a)to any such order or requirement as is mentioned above in this subsection;
(b)to any order having effect under section 25(2) of [F101the Children and Young Persons Act 1969] as if it were a training school order in Northern Ireland; and
(c)to any supervision order made under section 72(2) of the said Act of 1968 and having effect as a supervision order under the Children and Young Persons Act (Northern Ireland) 1950.
F102(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 (8) above; and
(b)substitute a different age for the age mentioned in subsection (2)(a) above.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F10Word 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)
F11S. 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)
F28Words in s. 5(4A) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 53), ss. 304, 336(3), Sch. 32 para. 18(3); 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)
F47Words in s. 5(7) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 6
F55Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 36(a)
F56Word repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
F57Words in s. 5(1)(d) inserted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(2)(a)
F58Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(i)
F59Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(a)(ii)
F60Words inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(4)
F61S. 5(1)(e) inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 36(b)
F62S. 5(1A) inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 20(5)
F63Words in s. 5(2)(a) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(a), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F64Words in s. 5(2) in the heading to Table A substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 5(b), Sch. 12 para. 22(2); S.I. 1992/333, art. 2(2), Sch. 2.
F65Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 14 para. 37(a)
F66Words in Table A in s. 5(2) substituted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(2) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(b)
F67Entry inserted by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(1)
F68Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(a)
F69Words in Table B in s. 5(2) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(3)
F70Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(i)
F71Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 37(b)
F72Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(b)(ii), Sch. 8
F73Entry made by Armed Forces Act 1981 (c. 55, SIF 7:1), Sch. 4 para. 2(2)(b)
F74Words in s. 5(3)(b) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(a); S.I. 1996/3201, art. 3(7)
F75Words in s. 5(4) repealed (3.2.1995) by 1994 c. 33, s. 168(1)(3), Sch. 9 para. 11(1)(b)(2) Sch. 11; S.I. 1995/127, art. 2(1), Sch., Appendices A, C
F76S. 5(4A) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 11(1)(c)(2); S.I. 1995/127, art. 2(1), Sch., Appendix A
F77Words in s. 5(4A) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(a); S.I. 2001/919, art. 2(f)(ii)
F78Words in s. 5(4A)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 49(b); S.I. 2001/919, art. 2(f)(ii)
F79S. 5(4B)(4C) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 para. 6(3) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(b)
F80Words in s. 5(4B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(a)
F81Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(b)
F82Words in s. 5(4B)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(4)(c)
F83Words in s. 5(4C) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(a)
F84Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(b)
F85Words in s. 5(4C)(a) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(5)(c)
F86S. 5(5)(c) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(c)
F87Words in s. 5(5)(e) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(6)
F88Words in s. 5(5)(f) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(b); S.I. 1996/3201, art. 3(7)
F89S. 5(5)(g)(h) added by Armed Forces Act 1976 (c. 52), Sch. 9 para. 21(2)
F90S. 5(5)(h) repealed (1.1.1992) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 26(2), Sch. 3; S.I. 1991/2719, art. 2, Sch.
F91Words in s. 5(6)(c) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(7)
F92S. 5(6)(d) and word inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 30; S.I. 1998/277, art. 3(2)
F93S. 5(6A) inserted (1.4.2000) by 1998 c. 37, s. 119, Sch. 8 para. 35; S.I. 1999/3426, art. 3(b)
F94Words in s. 5(6A) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(8)
F95Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 39
F96Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(i)
F97Words in s. 5(9)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(9)
F98Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 24(d)(ii)
F99Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)
F100Words in s. 5(10) substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(3)(c); S.I. 1996/3201, art. 3(7)
F101Words in s. 5(10) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 48(10)(b)
F102S. 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)
Modifications etc. (not altering text)
C1S. 5 modified (S.) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 124, Sch. 8 para. 16, Sch. 9 para. 8
Marginal Citations