A
BILL
TO
Amend the Rehabilitation of Offenders Act 1974; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Amendment of the Rehabilitation of Offenders Act 1974
(1) The Rehabilitation of Offenders Act 1974 is amended as follows.
(2) For section 5(1) substitute—
“(1) The sentences excluded from rehabilitation under this Act are—
(a) 5a sentence of imprisonment for life;
(b) a sentence of preventive detention;
(c)
a sentence of detention during Her Majesty’s pleasure or for
life;
(d) a sentence of imprisonment for public protection;
(e) 10a sentence of detention for public protection;
(f) an extended sentence of imprisonment;
(g) an extended sentence of detention;
and any other sentence is a sentence subject to rehabilitation under this
Act.”
(3) 15In section 5(2)—
(a) omit paragraph (b),
(b) omit “in either case”,
(c) for Tables A and B substitute—
Rehabilitation of Offenders (Amendment) BillPage 2
Rehabilitation periods
| Sentence | Rehabilitation periods |
|---|---|
| A sentence of imprisonment or youth custody or corrective training for a period of four years or more. |
The length of the sentence plus a 5buffer period of four years. |
| A sentence of imprisonment or youth custody or corrective training for a period of less than four years. |
The length of the sentence plus a buffer period of two years. |
| A sentence of cashiering, discharge with ignominy or dismissal with disgrace from Her Majesty’s service. |
10Four years. |
| A sentence of dismissal from Her Majesty’s Service. |
Four years. |
| Any sentence of detention for a period of four years or more in respect of a conviction in service disciplinary proceedings. |
15The length of the sentence plus a buffer period of four years. |
| Any sentence of detention for a period of less than four years in respect of a conviction in service disciplinary proceedings. |
The length of the sentence plus a 20buffer period of two years. |
| A fine or any other sentence subject to rehabilitation under this Act, not being a sentence to which any of subsections (3) to (8) applies. |
One year or, in the case of a person aged under 18 at the time of his 25conviction, six months. |
| A sentence of Borstal training. | Two years plus a buffer period of two years. |
| A custodial order under Schedule 5A to or section 71AA of the Army Act 1955 (3 @AMP@amp; 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 @AMP@amp; 4 Eliz. 2 c. 19), or under Schedule 4A to or section 43AA of the Naval Discipline Act 1957 (c. 53) for a period of four years or more. |
The length of the sentence plus a 30buffer period of four years. |
| A custodial order under Schedule 5A to or section 71AA of the Army Act 1955 or the Air Force Act 1955, or under Schedule 4A to or section 43AA of the Naval Discipline Act 1957 for a period of less than four years. |
The length of the sentence plus a 35buffer period of two years. |
Rehabilitation of Offenders (Amendment) BillPage 3
| Sentence | Rehabilitation periods |
|---|---|
| A sentence of detention passed under Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) for a period of four years or more. |
The length of the sentence plus a buffer period of four years. |
| A sentence of detention passed under Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for a period of less than four years. |
5The length of the sentence plus a buffer period of two years. |
| A sentence of detention in a detention centre. |
The length of the sentence plus a buffer period of two years.” |
(4) 10For section 5(2A) substitute—
“(2A) In this section—
(a)
“sentence”, where it refers to a custodial sentence, means the
length of time served in custody and any period of post-release
supervision;
(b)
15“buffer period” means a variable length of time which begins
after the sentence for a conviction (including any post-release
supervision) is completed.
(2B)
The buffer periods specified in subsection (2) shall be subject to
reduction by half in the case of a person aged under 18 years at the date
20of conviction.”
(5) For section 5(3) and (4) substitute—
“(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 of the referral of a
25child’s case; and
(c)
to a recognizance or bond of caution to keep the peace or be of
good behaviour;
shall be the period beginning with the date of conviction and ending on
the date when the order, discharge, recognizance or bond of caution
30ceases or ceased to have effect.
(4)
Where in respect of a conviction a person was conditionally discharged,
the rehabilitation period applicable to the sentence shall be the length
of the sentence.”
(6)
In section 5(5) for “one year from the date of conviction or a period beginning
35with that date” substitute “a period beginning with the date of conviction”.
(7) For section 5(6A) substitute—
“(6A)
Where in respect of a conviction a detention and training order was
made, the rehabilitation period applicable to the sentence shall be a
period beginning with the date of conviction and ending one year after
40the date on which the order ceases or ceased to have effect.”
Rehabilitation of Offenders (Amendment) BillPage 4
(8) For section 5(7) substitute—
“(7)
Where in respect of a conviction a hospital order was made, the
rehabilitation period applicable to the sentence shall be a period
beginning with the date of conviction and ending four years after the
5date on which the hospital order ceases or ceased to have effect.”
2 Short title, commencement and extent
(1)
This Act may be cited as the Rehabilitation of Offenders (Amendment) Act
2011.
(2)
This Act shall come into force on such day as the Secretary of State may by
10order made by statutory instrument appoint.
(3) This Act extends to England and Wales only.