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Rehabilitation of Offenders Act 1974

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Rehabilitation of Offenders Act 1974

This Act allows an offender to be rehabilitated and his or her conviction becomes 'spent' after the following periods of time.

Aged 17 or over on conviction

Aged under 17 on conviction

Prison (immediate or suspended sentence) or young offender institution: more than 6 months but less than 2 1/2 years.

10 Years

5 Years

Cashiering, dismissal with disgrace or discharge with ignominy from the armed forces.

10 Years

-

Prison (immediate or suspended sentence) or young offender institution: 6months or less.

7 Years

3½Years

Dismissal from the armed forces.

7 Years

-

Detention resulting from conviction in service disciplinary proceedings.

5 Years

 

Fine or community service order.

5 Years

2½Years

Absolute discharge.

6 Months

6 Months

Probation if convicted after 3rd February 1995.

5 years from date of conviction

2½ years or until order expires (whichever is longer)

Supervision, care order, conditional discharge or bind-over.

1 year or until order expires (whichever is longer)

-

Probation (if convicted on or before 3rd February 1995), supervision, care-order conditional discharge or bind-over, for convictions before 3rd February 1995.

1 year or until order expires (whichever is longer)

1 year or until order expires (whichever is longer)

Attendance Centre order.

1 year after the order expires

1 year after the order expires

Hospital order (with or without restriction order).

5 years, or 2 years after the order expires (whichever is longer)

5 years, or 2 years after the order expires (whichever is longer)

Borstal training.

-

7 Years

Custodial order imposed when in armed services where maximum period of detention is longer than 6 months.

-

7 Years

Detention for less than 30 months, but more than 6 months

-

5 Years

Detention for less than 6 months.

-

3 Years

Detention centre order.

-

3 Years

Custodial order imposed when in armed services, lasting less than 6 months.

-

3 Years

Order committing child for residential training, approved school order, supervision requirement, community supervision order, reception order. - 1 year or until order expires (whichever is longer)

Order committing to custody in remand home.

-

1 year after order expires

The following sentences are not subject to rehabilitation under the Act and, therefore, cannot be spent:-

  • Imprisonment for life.
  • Imprisonment, youth custody, detention in a young offender institution, or corrective training for a term exceeding thirty months.
  • Preventive detention.
  • Detention during Her Majesty's pleasure or for life under S.205(2) or (3) of the Criminal Procedure (Scotland) Act 1975, or for a term exceeding thirty months passed under S.53 of the Children and Young Persons Act 1933 (young offenders convicted of grave crimes), or under the Act of 1975 (detention of children convicted on indictment), or a corresponding court martial punishment.
  • Custody for life

A conviction is never spent when applying for the following posts with the City Council:-

  • Chartered Accountant
  • Certified Accountant
  • Solicitor
  • Any employment involved with providing young people with leisure and recreational facilities, supervision or training (and those working on premises where such provision is made);
  • Any employment which involves access to persons under the age of 18 or over 65 years
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Last Modified: Friday 28 January 2011

       

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