The sentences excluded from rehabilitation under this Act are—
(a) a sentence of imprisonment for life;
(b) any of the following sentences, where the sentence is imposed for an offence specified in Schedule 18 to the Sentencing Code (serious violent, sexual and terrorism offences) or a service offence as respects which the corresponding offence is so specified—
(i) a sentence of imprisonment for a term exceeding 4 years;
(ii) a sentence of youth custody for such a term;
(iii) a sentence of detention in a young offender institution for such a term;
(iv) a sentence of corrective training for such a term;
(v) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 for such a term;
(vi) a sentence of detention under section 250 or 252A of the Sentencing Code for such a term;
(vii) a sentence of detention under section 209 or 224B of the Armed Forces Act 2006 for such a term;
(viii) a sentence of detention under section 205ZC(5) or 208 of the Criminal Procedure (Scotland) Act 1995 for such a term;
(c) a sentence of preventive detention; . . .
(d) a sentence of detention during Her Majesty's pleasure or for life under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 , under section 250 or 259 of the Sentencing Code or under section 209 or 218 of the Armed Forces Act 2006, or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1995, ...
(e) a sentence of custody for life; and
(f) a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, a sentence of detention for public protection under section 226 of that Act or an extended sentence under section 226A, 226B, 227 or 228 of that Act or section 254, 266 or 279 of the Sentencing Code (including any sentence within this paragraph passed as a result of any of sections 219 to 222 of the Armed Forces Act 2006)
and any other sentence is a sentence subject to rehabilitation under this Act.
In subsection (1)(b)—
(a) "service offence" means an offence under—
(i) section 42 of the Armed Forces Act 2006,
(ii) section 70 of the Army Act 1955 or Air Force Act 1955, or
(iii) section 42 of the Naval Discipline Act 1957, and
(b) "corresponding offence" means—
(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;
(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;
(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.
Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.
In this section—
(a) references to section 209 of the Armed Forces Act 2006 include references to section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957;
(b) the reference to section 218 of the Armed Forces Act 2006 includes a reference to section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957.
For the purposes of this Act and subject to subsections (2A) to (4), the rehabilitation period for a sentence is the period—
(a) beginning with the date of the conviction in respect of which the sentence is imposed, and
(b) ending at the time listed in the following Table in relation to that sentence:
Subsection (2B) applies where provision is made by or under a relevant order for the order to have effect—
(a) until further order,
(b) until the occurrence of a specified event, or
(c) otherwise for an indefinite period.
The rehabilitation period for the order is the period—
(a) beginning with the date of the conviction in respect of which the order is imposed, and
(b) ending when the order ceases to have effect.
The rehabilitation period for a relevant order which is not otherwise dealt with in the Table or under subsections (2A) and (2B) is the period of 24 months beginning with the date of conviction.
There is no rehabilitation period for—
(a) an order discharging a person absolutely for an offence, or
(b) any other sentence in respect of a conviction where the sentence is not dealt with in the Table or under any of subsections (2A) to (3),
and, in such cases, references in this Act to any rehabilitation period are to be read as if the period of time were nil.
See also—
(a) section 8AA (protection afforded to spent alternatives to prosecution), and
(b) Schedule 2 (protection for spent cautions).
The Secretary of State may by order amend column 2 or 3 of the Table or the number of months for the time being specified in subsection (3).
Subject to subsection (7A), for the purposes of this section—
(a) consecutive terms of imprisonment or other custodial sentences are to be treated as a single term,
(b) terms of imprisonment or other custodial sentences which are wholly or partly concurrent (that is terms of imprisonment or other custodial sentences imposed in respect of offences of which a person was convicted in the same proceedings) are to be treated as a single term,
(c) no account is to be taken of any subsequent variation, made by a court dealing with a person in respect of a suspended sentence of imprisonment, of the term originally imposed,
(d) no account is to be taken of any subsequent variation of the day originally provided for by or under an order as the last day on which the order is to have effect,
(e) no account is to be taken of any detention or supervision ordered by a court under section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000 or paragraph 3(2) of Schedule 12 to the Sentencing Code,
(f) a sentence imposed by a court outside England and Wales is to be treated as the sentence mentioned in this section to which it most closely corresponds.
Subsection (7)(a) or (b) does not apply for the purposes of determining whether a sentence is excluded from rehabilitation by virtue of subsection (1)(b).
For the purposes of this section, a sentence imposed as mentioned in subsection (7)(f) for an offence—
(a) under the law of Scotland, Northern Ireland or a country or territory outside the United Kingdom, and
(b) which would have constituted an offence specified in Schedule 18 to the Sentencing Code if it had been committed in England and Wales,
is to be treated as a sentence for an offence specified in that Schedule (and for this purpose an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law, however it is described in that law).
In this section—
"community or youth rehabilitation order" means—
(a) a community order under Chapter 2 of Part 9 of the Sentencing Code,
(b) a service community order or overseas community order under the Armed Forces Act 2006,
(c) a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code, or
(d) any order of a kind superseded (whether directly or indirectly) by an order mentioned in paragraph (a), (b) or (c),
"custodial sentence" means—
(a) a sentence of imprisonment,
(b) a sentence of detention in a young offender institution,
(c) a sentence of Borstal training,
(d) a sentence of youth custody,
(e) a sentence of corrective training,
(f) a sentence of detention under section 250 or 252A of the Sentencing Code or section 209 of the Armed Forces Act 2006,
(g) a detention and training order within the meaning given by section 233 of the Sentencing Code or an order under section 211 of the Armed Forces Act 2006,
(h) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (f) or (g),
"earlier statutory order" means—
(a) an order under section 54 of the Children and Young Persons Act 1933 committing the person convicted to custody in a remand home,
(b) an approved school order under section 57 of that Act, or
(c) any order of a kind superseded (whether directly or indirectly) by an order mentioned in any of paragraphs (c) to (e) of the definition of "relevant order" or in paragraph (a) or (b) above,
"relevant order" means— but does not include a reparation order under section 73 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 6 of the Sentencing Code,
(za) a community or youth rehabilitation order,
(a) an order discharging a person conditionally for an offence,
(b) an order binding a person over to keep the peace or be of good behaviour,
(c) an order under section 1(2A) of the Street Offences Act 1959,
(d) a hospital order under Part 3 of the Mental Health Act 1983 (with or without a restriction order),
(e) a referral order under Chapter 1 of Part 6 of the Sentencing Code,
(f) an earlier statutory order, or
(g) any order which—and is not otherwise dealt with in the Table,imposes a disqualification, disability, prohibition, penalty, requirement or restriction, oris otherwise intended to regulate the behaviour of the person convicted,
"removal from Her Majesty's service" means a sentence of dismissal with disgrace from Her Majesty's service, a sentence of dismissal from Her Majesty's service or a sentence of cashiering or discharge with ignominy,
"sentence of imprisonment" includes a sentence of penal servitude (and "term of imprisonment" is to be read accordingly),
"sentence of service detention" means—
(a) a sentence of service detention (within the meaning given by section 374 of the Armed Forces Act 2006), or a sentence of detention corresponding to such a sentence, in respect of a conviction in service disciplinary proceedings, or
(b) any sentence of a kind superseded (whether directly or indirectly) by a sentence mentioned in paragraph (a).