E15 Rehabilitation periods for particular sentences.
1
The sentences excluded from rehabilitation under this Act are—
a
a sentence of imprisonment for life;
b
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 2000F5or under section 209 or 218 of the Armed Forces Act 2006,F6or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975,F7or a sentence of detention for a term exceeding thirty months passed under section 91 of the said Act of 2000F8(young offenders convicted of grave crimes) F9or section 209 of the said Act of 2006 or under section 206 of the said Act of 1975 (detention of children convicted on indictment)F111. . . F10and
e
a sentence of custody for life; F11and
F12f
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 ActF13 (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 .
F141A
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.
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 F15 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 F16under 18
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment F17detention in a young offender institutionF18or 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 F17detention in a young offender institutionF18or youth custody for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
F19Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, 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) F20, (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 |
F21A custodial order under Schedule 5A to the M1Army Act 1955 or the M2Air Force Act 1955, or under Schedule 4A to the M3Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months. | F21Seven years |
F22A 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. | F22Seven years. |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under F23section 91 of the Powers of Criminal Courts (Sentencing) Act 2000F24or under section 209 of the Armed Forces Act 2006 or under section F25206 of the Criminal Procedure (Scotland) Act 1975. | Five years |
A sentence of detention for a term not exceeding six months passed under F26any provision mentioned in the fourth entry in this Table. | Three years |
An order for detention in a detention centre made under F27section 4 of the Criminal Justice Act 1982, section 4 of the M4Criminal Justice Act 1961 . . . F28. | Three years |
F21A 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. | F21Three years |
F29A 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. | F29Three years. |
F302A
Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 209 of the Armed Forces Act 2006.
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, F31. . . 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 F31. . . 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.
F324A
Where in respect of a conviction F33a probation order F34or a community order under section 177 of the Criminal Justice Act 2003F35or a service community order or overseas community order under the Armed Forces Act 2006 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 F36order in question ceases or ceased to have effect, whichever is the longer.
F374B
Where in respect of a conviction a referral order (within the meaning of F38the 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
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 F41the 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
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
b
a supervision order under any provision of either of those Acts or of the M7Children and Young Persons Act 1963;
F44c
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;
F45da
a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;
e
f
a supervision requirement under any provision of the M8Social Work (Scotland) Act 1968;
F48g
F49h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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.
F526A
Where in respect of a conviction a detention and training order was made under F53section 100 of the Powers of Criminal Courts (Sentencing) Act 2000F54, or an order under section 211 of the Armed Forces Act 2006 was made, 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 F55Part III of the Mental Health Act 1983 or under F56Part 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 F57under 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 F58section 91 of the Powers of Criminal Courts (Sentencing) Act 2000F59or section 209 of the Armed Forces Act 2006 or F60section 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 F61care order or supervision order under F62the Powers of Criminal Courts (Sentencing) Act 2000, or a supervision requirement under the M12Social 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 F63the 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 M13Children and Young Persons Act (Northern Ireland) 1950.
F6410A
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 M14Social Work (Scotland) Act 1968 or the M15Children 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.
E25Rehabilitation periods for particular sentences. C1
1
The sentences excluded from rehabilitation under this Act are—
a
a sentence of imprisonment for life;
b
a sentence of imprisonment F65youth custody or corrective training for a term exceeding thirty months;
c
a sentence of preventive detention; . . . F66
d
a sentence of detention during Her Majesty’s pleasure or for life F67under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000F5or under section 209 or 218 of the Armed Forces Act 2006,F68or 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 2000F69(young offenders convicted of grave crimes) F9or section 209 of the said Act of 2006 or under section 206 of the said Act of 1975 (detention of children convicted on indictment)F111. . . F70and
e
a sentence of custody for life; F11and
F12f
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.
F141A
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.
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 F71 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 F72under 18
Sentence | Rehabilitation period |
---|---|
A sentence of imprisonment F73or 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 F73or youth custody for a term not exceeding six months. | Seven years |
A sentence of dismissal from Her Majesty’s service. | Seven years |
F19Any sentence of service detention within the meaning of the Armed Forces Act 2006, or any sentence of detention corresponding to such a sentence, 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) F74to (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 |
F75A custodial order under Schedule 5A to the M16Army Act 1955 or the M17Air Force Act 1955, or under Schedule 4A to the M18Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months. | F75Seven years |
F76A 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. | F76Seven years. |
A sentence of detention for a term exceeding six months but not exceeding thirty months passed under F77section 91 of the Powers of Criminal Courts (Sentencing) Act 2000F24or under section 209 of the Armed Forces Act 2006 or under section F78206 of the Criminal Procedure (Scotland) Act 1975. | Five years |
A sentence of detention for a term not exceeding six months passed under F26any provision mentioned in the fourth entry in this Table. | Three years |
An order for detention in a detention centre made under F79section 4 of the Criminal Justice Act 1982, section 4 of the M19Criminal Justice Act 1961 . . . F80. | Three years |
F75A 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. | F75Three years |
F81A 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. | F81Three years. |
F302A
Table B applies in relation to a sentence under section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957 as it applies in relation to one under section 209 of the Armed Forces Act 2006.
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 F8269(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, F83. . . 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 F83. . . 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.
F844A
Where in respect of a conviction F85a probation order F34or a community order under section 177 of the Criminal Justice Act 2003F35or a service community order or overseas community order under the Armed Forces Act 2006 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 F86order in question ceases or ceased to have effect, whichever is the longer.
F874B
Where in respect of a conviction a referral order (within the meaning of F88the 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
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 F91the 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
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
b
a supervision order under any provision of either of those Acts or of the M22Children and Young Persons Act 1963;
F94c
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;
F45da
a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;
e
a care order or a supervision order under F95section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or
f
a supervision requirement under any provision of the F96Children (Scotland) Act 1995;
F97g
F98h
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
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.
F1016A
Where in respect of a conviction a detention and training order was made under F102section 100 of the Powers of Criminal Courts (Sentencing) Act 2000F54, or an order under section 211 of the Armed Forces Act 2006 was made, 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 F103Part III of the Mental Health Act 1983 or under F56Part 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 F104under 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 F105section 91 of the Powers of Criminal Courts (Sentencing) Act 2000F59or section 209 of the Armed Forces Act 2006 or F106section 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 F107the Powers of Criminal Courts (Sentencing) Act 2000, or a supervision requirement under the F108Children (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 F109the 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.
F11010A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.