LegalizeReform history
Rehabilitation of Offenders Act 1974
37 versions
· 1974-07-31
2026-03-22
Rehabilitation of Offenders Act 1974
2025-04-01
Rehabilitation of Offenders Act 1974
2022-05-12
Rehabilitation of Offenders Act 1974
2022-03-24
Rehabilitation of Offenders Act 1974
2021-04-30
Rehabilitation of Offenders Act 1974
2019-02-12
Rehabilitation of Offenders Act 1974
2018-02-17
Rehabilitation of Offenders Act 1974
2013-10-31
Rehabilitation of Offenders Act 1974
2013-05-14
Rehabilitation of Offenders Act 1974
2013-04-01
Rehabilitation of Offenders Act 1974
2013-02-14
Rehabilitation of Offenders Act 1974
2011-12-15
Rehabilitation of Offenders Act 1974
2011-11-01
Rehabilitation of Offenders Act 1974
2011-06-29
Rehabilitation of Offenders Act 1974
2011-03-28
Rehabilitation of Offenders Act 1974
2011-02-01
Rehabilitation of Offenders Act 1974
2010-12-13
Rehabilitation of Offenders Act 1974
2010-04-06
Rehabilitation of Offenders Act 1974
2010-04-01
Rehabilitation of Offenders Act 1974
Changes on 2010-04-01
@@ -172,8 +172,8 @@
| A sentence of Borstal training. | Seven years |
| A custodial order under Schedule 5A to the Army Act 1955 or the Air Force Act 1955, or under Schedule 4A to the Naval Discipline Act 1957, where the maximum period of detention specified in the order is more than six months. | Seven years |
| A 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. | Seven years. |
| A sentence of detention for a term exceeding six months but not exceeding thirty months passed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000or under section 209 of the Armed Forces Act 2006 or under section 206 of the Criminal Procedure (Scotland) Act 1975. | Five years |
| A sentence of detention for a term not exceeding six months passed under any provision mentioned in the fourth entry in this Table. | Three years |
| A sentence of detention for a term exceeding six months but not exceeding thirty months passed under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000or under section 209 of the Armed Forces Act 2006or under section 206 of the Criminal Procedure (Scotland) Act 1975. | Five years |
| A sentence of detention for a term not exceeding six months passed under any provision mentioned in the fourth entry in this Table . | Three years |
| An order for detention in a detention centre made under section 4 of the Criminal Justice Act 1982, section 4 of the Criminal Justice Act 1961 . . . . | Three years |
| A 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. | Three years |
| A 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. | Three years. |
@@ -208,6 +208,8 @@
- (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.
- (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.
- (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 Children and Young Persons Act 1933 or section 61 of the Children and Young Persons (Scotland) Act 1937 committing the person convicted to the care of a fit person;
@@ -220,7 +222,7 @@
- (da) a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;
- (e) a care order or a supervision order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or
- (e) a care order ora supervision order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000; or
- (f) a supervision requirement under any provision of the Social Work (Scotland) Act 1968;
@@ -248,7 +250,7 @@
- (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 Part III of the Mental Health Act 1983 or under Part 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.
- (7) Where in respect of a conviction a hospital order under Part III of the Mental Health Act 1983 or under Part 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.
@@ -290,6 +292,16 @@
- (3) Without prejudice to subsection (2) above, where in respect of a conviction a person was conditionally discharged or a probation order was made and after the end of the rehabilitation period applicable to the conviction in accordance with subsection (1) or (2) above he is dealt with, in consequence of a breach of conditional discharge or a breach of the order, for the offence for which the order for conditional discharge or probation order was made, then, if the rehabilitation period applicable to the conviction in accordance with subsection (2) above (taking into account any sentence imposed when he is so dealt with) ends later than the rehabilitation period previously applicable to the conviction, he shall be treated for the purposes of this Act as not having become a rehabilitated person in respect of that conviction, and the 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.
- (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.
- (4) Subject to subsection (5) below, where during the rehabilitation period applicable to a conviction—
- (a) the person convicted is convicted of a further offence; and
@@ -430,7 +442,7 @@
- (3) This Act shall not apply to Northern Ireland.
#### Rehabilitated persons and spent convictions.
#### Rehabilitation of persons dealt with in service disciplinary proceedings.
##### 8A
@@ -990,6 +1002,8 @@
[^c10727401]: Words in s. 5(4C) substituted (25.8.2000) by [2000 c. 6](https://www.legislation.gov.uk/ukpga/2000/6), [ss. 165(1)](https://www.legislation.gov.uk/ukpga/2000/6/section/165/1), [168(1)](https://www.legislation.gov.uk/ukpga/2000/6/section/168/1), [Sch. 9 para. 48(5)(c)](https://www.legislation.gov.uk/ukpga/2000/6/schedule/9/paragraph/48/5/c)
[^c21536351]: S. 5(4D) inserted (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 18(2)](https://www.legislation.gov.uk/ukpga/2009/26/section/18/2), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(e)](https://www.legislation.gov.uk/uksi/2010/507/article/5/e) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c10727411]: [1933 c. 12](https://www.legislation.gov.uk/ukpga/1933/12).
[^c10727421]: [1937 c. 37](https://www.legislation.gov.uk/ukpga/1937/37).
@@ -1174,6 +1188,8 @@
[^c10728621]: Words in s. 6(3) substituted (1.4.2001) by [2000 c. 43](https://www.legislation.gov.uk/ukpga/2000/43), [s. 74](https://www.legislation.gov.uk/ukpga/2000/43/section/74), [Sch. 7 Pt. II para. 50(b)](https://www.legislation.gov.uk/ukpga/2000/43/schedule/7/part/II/paragraph/50/b); [S.I. 2001/919](https://www.legislation.gov.uk/uksi/2001/919), [art. 2(f)(ii)](https://www.legislation.gov.uk/uksi/2001/919/article/2/f/ii)
[^c21537161]: S. 6(3A) inserted (1.4.2010) by [Policing and Crime Act 2009 (c. 26)](https://www.legislation.gov.uk/ukpga/2009/26), [ss. 18(3)](https://www.legislation.gov.uk/ukpga/2009/26/section/18/3), [116(1)](https://www.legislation.gov.uk/ukpga/2009/26/section/116/1); [S.I. 2010/507](https://www.legislation.gov.uk/uksi/2010/507), [art. 5(e)](https://www.legislation.gov.uk/uksi/2010/507/article/5/e) (with [art. 6](https://www.legislation.gov.uk/uksi/2010/507/article/6))
[^c10728631]: Words in s. 6(6) repealed (1.10.1996) by [1996 c. 46](https://www.legislation.gov.uk/ukpga/1996/46), [ss. 13(3)(a)](https://www.legislation.gov.uk/ukpga/1996/46/section/13/3/a), [35(2)](https://www.legislation.gov.uk/ukpga/1996/46/section/35/2), [Sch. 7 Pt. III](https://www.legislation.gov.uk/ukpga/1996/46/schedule/7/part/III); [S.I. 1996/2474](https://www.legislation.gov.uk/uksi/1996/2474), [art. 2](https://www.legislation.gov.uk/uksi/1996/2474/article/2), [Sch.](https://www.legislation.gov.uk/uksi/1996/2474/schedule)
[^c10728641]: Words substituted by [Criminal Law Act 1977 (c. 45)](https://www.legislation.gov.uk/ukpga/1977/45), [s. 65(7)](https://www.legislation.gov.uk/ukpga/1977/45/section/65/7), [Sch. 12](https://www.legislation.gov.uk/ukpga/1977/45/schedule/12)
@@ -1283,3 +1299,9 @@
[^M_F_02cb8602-836c-4b56-ca74-dfd237485d6a]: Words in s. 5(1)(d) omitted (28.3.2009 for certain purposes and 31.10.2009 otherwise) by virtue of [Armed Forces Act 2006 (c. 52)](https://www.legislation.gov.uk/ukpga/2006/52), [ss. 378](https://www.legislation.gov.uk/ukpga/2006/52/section/378), [383](https://www.legislation.gov.uk/ukpga/2006/52/section/383), [Sch. 16 para. 65(2)(a)(iii)](https://www.legislation.gov.uk/ukpga/2006/52/schedule/16/paragraph/65/2/a/iii); [S.I. 2009/812](https://www.legislation.gov.uk/uksi/2009/812), [art. 3](https://www.legislation.gov.uk/uksi/2009/812/article/3); [S.I. 2009/1167](https://www.legislation.gov.uk/uksi/2009/1167), [art. 4](https://www.legislation.gov.uk/uksi/2009/1167/article/4) (and see savings (having effect from 24.4.2009 for specified purposes and 31.10.2009 otherwise) in [S.I. 2009/1059](https://www.legislation.gov.uk/uksi/2009/1059), [arts 1(2)(3)](https://www.legislation.gov.uk/uksi/2009/1059/article/1/2/3), [205](https://www.legislation.gov.uk/uksi/2009/1059/article/205), [Sch. 1 para. 14](https://www.legislation.gov.uk/uksi/2009/1059/schedule/1/paragraph/14))
## Schedule 1
#### Limitations on rehabilitation under this Act, etc.
#### Protection afforded to spent alternatives to prosecution: Scotland
#### Unauthorised disclosure of spent alternatives to prosecution: Scotland
2010-03-31
Rehabilitation of Offenders Act 1974
2009-11-30
Rehabilitation of Offenders Act 1974
2009-10-31
Rehabilitation of Offenders Act 1974
2009-07-07
Rehabilitation of Offenders Act 1974
2009-04-01
Rehabilitation of Offenders Act 1974
2009-03-28
Rehabilitation of Offenders Act 1974
2008-12-19
Rehabilitation of Offenders Act 1974
2008-12-18
Rehabilitation of Offenders Act 1974
2007-04-01
Rehabilitation of Offenders Act 1974
2007-01-01
Rehabilitation of Offenders Act 1974
2005-12-05
Rehabilitation of Offenders Act 1974
2005-09-27
Rehabilitation of Offenders Act 1974
2005-04-04
Rehabilitation of Offenders Act 1974
2004-05-01
Rehabilitation of Offenders Act 1974
2003-03-24
Rehabilitation of Offenders Act 1974
2003-02-28
Rehabilitation of Offenders Act 1974
2002-12-02
Rehabilitation of Offenders Act 1974
1974-07-31
Rehabilitation of Offenders Act 1974
original version
Text at this date