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Rehabilitation of Offenders (Amendment) Bill [HL]


Rehabilitation of Offenders (Amendment) Bill [HL]

1

 

A

Bill

[AS AMENDED IN COMMITTEE]

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 (c. 53) is amended as follows.

(2)   

For section 5(1) substitute—

“(1)   

The sentences excluded from rehabilitation under this Act are—

(a)   

a sentence of imprisonment for life;

5

(b)   

a sentence of preventive detention;

(c)   

a sentence of detention during Her Majesty’s pleasure or for

life;

(d)   

a sentence in respect of which a court makes an order under

subsection (9A);

10

(e)   

a sentence of imprisonment for public protection;

(f)   

a sentence of detention for public protection;

(g)   

an extended sentence of imprisonment;

(h)   

an extended sentence of detention;

   

and any other sentence is a sentence subject to rehabilitation under this

15

Act.”

(3)   

In section 5(2)—

(a)   

omit paragraph (b),

(b)   

omit “in either case”,

(c)   

for Tables A and B substitute—

20

   

   

 

HL Bill 25                                                                                              

54/5

 
 

Rehabilitation of Offenders (Amendment) Bill [HL]

2

 

“TABLE A

Rehabilitation periods

 

Sentence

Rehabilitation periods

 
 

A sentence of imprisonment or youth

The length of the sentence plus a

 
 

custody or corrective training for a

buffer period of four years.

 

5

 

period of four years or more.

  
 

A sentence of imprisonment or youth

The length of the sentence plus a

 
 

custody or corrective training for a

buffer period of two years.

 
 

period of less than four years.

  
 

A sentence of cashiering, discharge

Four years.

 

10

 

with ignominy or dismissal with

  
 

disgrace from Her Majesty’s service.

  
 

A sentence of dismissal from Her

Four years.

 
 

Majesty’s Service.

  
 

Any sentence of detention for a period

The length of the sentence plus a

 

15

 

of four years or more in respect of a

buffer period of four years.

 
 

conviction in service disciplinary

  
 

proceedings.

  
 

Any sentence of detention for a period

The length of the sentence plus a

 
 

of less than four years in respect of a

buffer period of two years.

 

20

 

conviction in service disciplinary

  
 

proceedings.

  
 

A fine or any other sentence subject to

One year or, in the case of a person

 
 

rehabilitation under this Act, not being

aged under 18 at the time of his

 
 

a sentence to which any of subsections

conviction, six months.

 

25

 

(3) to (8) applies.

  
 

A sentence of Borstal training.

Two years plus a buffer period of two

 
  

years.

 
 

A custodial order under Schedule 5A

The length of the sentence plus a

 
 

to or section 71AA of the Army Act

buffer period of four years.

 

30

 

1955 (3 & 4 Eliz. 2 c. 18) or the Air

  
 

Force Act 1955 (3 & 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.

  

35

 

A custodial order under Schedule 5A

The length of the sentence plus a

 
 

to or section 71AA of the Army Act

buffer period of two years.

 
 

1955 or the Air Force Act 1955, or

  
 

under Schedule 4A to or section 43AA

  
 

of the Naval Discipline Act 1957 for a

  

40

 

period of less than four years.

  
 
 

Rehabilitation of Offenders (Amendment) Bill [HL]

3

 
 

Sentence

Rehabilitation periods

 
 

A sentence of detention passed under

The length of the sentence plus a

 
 

Section 91 of the Powers of Criminal

buffer period of four years.

 
 

Courts (Sentencing) Act 2000 (c. 6) or

  
 

under section 206 of the Criminal

  

5

 

Procedure (Scotland) Act 1975 (c. 21)

  
 

for a period of four years or more.

  
 

A sentence of detention passed under

The length of the sentence plus a

 
 

Section 91 of the Powers of Criminal

buffer period of two years.

 
 

Courts (Sentencing) Act 2000 or under

  

10

 

section 206 of the Criminal Procedure

  
 

(Scotland) Act 1975 for a period of less

  
 

than four years.

  
 

A sentence of detention in a detention

The length of the sentence plus a

 
 

centre.

buffer period of two years.”

 

15

 

(4)   

For 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;

20

(b)   

“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

25

of 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

30

child’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

35

ceases 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

40

with 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

 
 

Rehabilitation of Offenders (Amendment) Bill [HL]

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period beginning with the date of conviction and ending one year after

the date on which the order ceases or ceased to have effect.”

(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

5

beginning with the date of conviction and ending four years after the

date 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

2010.

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(2)   

This Act shall come into force on such day as the Secretary of State may by

order made by statutory instrument appoint.

(3)   

This Act does not apply to Northern Ireland.

 
 

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