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Appendix 2 - rehabilitation period principles

Appendix 2 - principles of the rehabilitation period

The rehabilitation period (the length of time before a caution or conviction becomes spent) is determined by the type of disposal administered or the length or the sentence imposed.

Rehabilitation periods that run beyond the end of a sentence are made up of the total sentence length plus an additional period that runs from the end of the sentence, called the ‘buffer period’. Other rehabilitation periods start from the date of conviction or the date the penalty was imposed.

The buffer periods are halved for those aged under 18 at the date of conviction except for custodial services of six months or less where the buffer period will be 18 months.

The rehabilitation periods for sentences with additional buffer periods which run from the end date of the sentence are shown in the table below:

Custodial Sentences

Rehabilitation periods for sentences with additional buffer periods

Sentence/disposal

Buffer period for adults (18 and over at the time of conviction or the time the disposal is administered).

This applies from the end date of the sentence (including the licence period).

Buffer period for young people (under 19 at the time of conviction or the time the disposal is administered).

This applies from the end date of the sentence (including the licence period).

Custodial * sentence of over 4 years, or a public protection sentence

Never spent

Never spent

Custodial sentence of over 30 months but not exceeding 48 months

7 years from the date on which the sentence (including any licence period) is completed

42 months from the date on which the sentence (including any licence period) is completed

Custodial sentence of over 6 months but not exceeding 30 months

48 months from the date on which the sentence (including any licence period) is completed

24 months from the date on which the sentence (including any licence period) is completed

Custodial sentence of 6 months

24 months from the date on which the sentence (including any licence period) is completed

18 months from the date on which the sentence (including any licence period) is completed

Community order or youth rehabilitation order **

12 months from the last day on which the order has effect

6 months from the last day on which the order has effect

*Custodial sentence includes a sentence of imprisonment (both an immediate custodial sentence and a suspended sentence), a sentence of detention in a young offender institution, a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order, a sentence of youth custody, a sentence of corrective training and a sentence of Borstal training.

**In relation to any community or youth rehabilitation order which has no specified end date, the rehabilitation period is 2 years from the date of conviction.

Non-Custodial Sentences

The following table sets out the rehabilitation period for sentences which do not have buffer periods and for which the rehabilitation period runs from the date of conviction

Rehabilitation period for sentences which do not have buffer periods

Sentence/disposal

Rehabilitation period for adults (18 and over at the time of conviction or the time the disposal is administered).

Rehabilitation period for young people (under 18 at the time of conviction or the time the disposal is administered).

Fine

12 months from the date of the conviction in respect of which the fine was imposed

6 months from the date of the conviction in respect of which the fine was imposed

Conditional discharge

Period of the order

Period of the order

Absolute discharge

None

None

Conditional caution and youth conditional caution

3 months or when the caution ceases to have effect if earlier

3 months

Simple caution, youth caution

Spent immediately

Spend immediately

Compensation order

On the discharge of the order (ie when it is paid in full)

On the discharge of the order (ie when it is paid in full)

 

Binding over order

Period of the order

Period of the order

Attendance centre order

Period of the order

Period of the order

Hospital order (with or without a restriction order)

Period of the order

Period of the order

Referral order

Not available for adults

Period of the order

Reparation order

Not available for adults

None

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