Section 139: Establishment or alteration of rehabilitation periods

Legal Aid, Sentencing and Punishment of Offenders Act 2012 · 2012 c. 10View on legislation.gov.uk

Part 3: Sentencing and Punishment of Offenders — CHAPTER 8: Rehabilitation of offenders

The Rehabilitation of Offenders Act 1974 is amended as follows.

In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for "thirty months" substitute ." forty eight months "

In the opening words of section 5(1A) (references to provisions of the Armed Forces Act 2006) for "subsection (1)(d)" substitute ." this section "

For section 5(2) to (11) (rehabilitation periods) substitute—

In section 6 (subsequent convictions to extend the rehabilitation period applicable to a conviction)—

in subsection (5) (exception to rule for certain orders imposing disqualifications etc) for "in accordance with section 5(8) above" substitute , and" by virtue of paragraph (g) of the definition of "relevant order" in section 5(8) above "
omit subsection (6) (other exceptions to the rule).

After section 8A (protection afforded to spent cautions) insert—

In paragraph 1 of Schedule 2 (protection for spent cautions)—

in sub-paragraph (1)(a) (when conditional cautions to be regarded as spent cautions) for ", at the end of the relevant period for the caution;" substitute— iat the end of the period of three months from the date on which the caution is given, oriiif earlier, when the caution ceases to have effect; and, and
omit sub-paragraphs (2) and (3) (meaning of "the relevant period for the caution").

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.