Policing and Crime Act 2009

18 Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959

(1) The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

(2) In section 5 (rehabilitation periods for particular sentences) after subsection (4C) insert—

“(4D) The rehabilitation period applicable to an order under section 1(2A) of the Street Offences Act 1959 shall be six months from the date of conviction for the offence in respect of which the order is made.”

(3) In section 6 of that Act (the rehabilitation period applicable to a conviction) after subsection (3) insert—

“(3A) Without prejudice to subsection (2), where—

(a) an order is made under section 1(2A) of the Street Offences Act 1959 in respect of a conviction,

(b) after the end of the rehabilitation period applicable to the conviction the offender is dealt with again for the offence for which that order was made, and

(c) the rehabilitation period applicable to the conviction in accordance with subsection (2) (taking into account any sentence imposed when so dealing with the offender) ends later than the rehabilitation period previously applicable to the conviction,

the offender shall be treated for the purposes of this Act as not having become a rehabilitated person in respect of that conviction, and that conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation period.”