Part 11: Rehabilitation of offenders
Section 193: Rehabilitation of offenders
- Section 193 extends the scope of the Rehabilitation of Offenders Act 1974 ("ROA") as it applies to England and Wales so that certain custodial sentences of over four years currently excluded from rehabilitation may become spent, unless imposed in respect of certain offences. It also amends the times at which different sentences may become spent and makes provision on the face of the ROA for the rehabilitation periods that apply to certain orders on conviction.
- Subsections (3) to (12) amend section 5 of the ROA. That section determines whether a particular sentence is excluded from rehabilitation and sets out the rehabilitation periods for particular sentences.
- Subsection (3)(a) substitutes a new paragraph (b) in section (5)(1) of the ROA. That paragraph (b) excludes from rehabilitation certain sentences imposed for a term exceeding 48 months. The substituted paragraph (b) excludes from rehabilitation the sentences listed in that paragraph when imposed for either an offence specified in Schedule 18 to the Code or an offence imposed under service law corresponding to such offence. An offence specified in Schedule 18 to the Code is a serious violent, sexual or terrorism offence. An offence imposed under service law corresponding to such an offence is interpreted in accordance with new subsections (1ZA) and (1ZB) of section 5 of the ROA, as inserted by subsection (4) of this section. The sentences listed in the new paragraph (b) are a sentence of imprisonment, a sentence of youth custody, a sentence of detention in a young offender institution, a sentence of corrective training, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences), a sentence of detention under section 250 or 252A of the Code (sentence of detention for those convicted of certain serious offences or special custodial sentence for terrorist offenders), a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 (offenders under 18 convicted of certain serious offences or special custodial sentence for terrorist offenders) or a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 (terrorism sentence with fixed licence period or detention of children convicted on indictment) and, in each case, for a term exceeding four years.
- Subsection (6)(a) amends the table in section 5(2) of the ROA. That table sets out the end of the rehabilitation periods for certain sentences. The amendment provides for the following:
- Custodial sentences of over four years become spent seven years after the end of the sentence (which would include any licence period). In respect of those under 18 at the date of conviction, those sentences become spent 42 months after the end of the sentence (including any licence period).
- Custodial sentences of over one year and up to and including four years become spent four years after the end of the sentence (including any licence period). In respect of those under 18 at the date of conviction, those sentences become spent two years after the end of the sentence (including any licence period).
- Custodial sentences of up to and including one year become spent 12 months after the end of the sentence (including any licence period). In respect of those under 18 at the date of conviction, those sentences become spent six months after the end of the sentence (including any licence period).
- Subsections (6)(b) and (12)(a) make changes to the rehabilitation period for community and youth rehabilitation orders. The separate entry for such orders is removed from the table in section 5(2) of the ROA. Instead, the definition of "relevant order" in section 5(8) of the ROA is amended to include community and youth rehabilitation orders. Accordingly, the rehabilitation period for community and youth rehabilitation orders is determined in the same way as that applicable to relevant orders.
- Subsection (7) inserts new subsections (2A) and (2B) in section 5 of the ROA. Those new subsections make provision about the rehabilitation period that applies to a person who is subject to a relevant order where the last day on which the order is to have effect is not provided for by or under the order. Where provision is made by or under such order for the order to have effect until further order, until the occurrence of a specified event or otherwise for an indefinite period, the rehabilitation period for such order begins with the date of conviction in respect of which the order was imposed and ends when the order ceases to have effect.
- Subsection (8) replaces section 5(3) of the ROA, which determines the rehabilitation period for certain orders where the last day on which the order is to have effect is not provided for in the order. The replacement provision removes the redundant reference to community and youth rehabilitation orders and reflects new subsections (2A) and (2B). Accordingly, new section 5(3) provides that where the last day on which a relevant order is to have effect is not provided for by or under the order or is not otherwise dealt with under new subsections (2A) and (2B), the rehabilitation period will be 24 months beginning with the date of conviction.
- Subsection (10) amends section 5(7) of the ROA and subsection (11) inserts a new subsection (7A). These subsections are concerned with sections 5(7)(a) and (b) of the ROA. Paragraph (a) provides consecutive terms of imprisonment are to be treated as a single term and paragraph (b) provides terms of imprisonment which are wholly or partly concurrent (imposed in respect of offences of which a person was convicted in the same proceedings) are also treated as a single term. The changes in subsections (10) and (11) disapply those paragraphs for the purposes of determining whether a sentence is excluded from rehabilitation under subsection 5(1)(b) of the ROA, as amended by this section. By disapplying these provisions, a sentence for an offence described in section 5(1)(b) of the ROA is only to be excluded from rehabilitation if the term for that sentence, taken individually, exceeds four years. If the sentence is not excluded from rehabilitation, those paragraphs may still be relevant to the determination of the rehabilitation period.
- Subsection (11) also inserts a new subsection (7B) to section 5 of the ROA. That new subsection provides a sentence imposed for an offence outside of England and Wales which would constitute a Schedule 18 offence if committed in England and Wales is to be treated as a Schedule 18 offence for the purposes of section 5 of the ROA.
- Subsection (12)(b) replaces paragraph (g) of the definition of "relevant order" set out in section 5(8) of the ROA. The replacement paragraph provides that in addition to its previous scope, a "relevant order" will also include an order which imposes requirements or restrictions on the person or is otherwise intended to regulate the person’s behavior.
- Subsections (13) to (15) contain consequential amendments to other provisions of the ROA relating to the amendments made to section 5 by this Section.
- Subsections (16) to (18) apply the changes to the ROA retrospectively so that existing convictions will become spent according to the new rehabilitation periods. Anyone treated as rehabilitated for the purpose of the ROA before commencement of these provisions will continue to be treated as such.
