Explanatory notes on the Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 provides that convictions for criminal offences are to be regarded as 'spent' for certain purposes after a certain lapse of time. The Council will consider the offence committed and the time elapsed since conviction for that offence.

Custodial Sentence/Disposal

Custodial 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 18 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 (2 ½ years) and up to and including 48 months (4 years)	7 years	3½ years
Custodial sentence of over 6 months and up to and including 30 months (2 ½ years)	4 years	2 years
Custodial sentence of 6 months or less	2 years	18 months
Community order or youth rehabilitation order	1 year	6 months

Non Custodial Sentence/Disposal

Non custodial 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
Fine	1 year	6 months
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	Spent immediately
Compensation order	On the discharge of the order (i.e. when it is paid in full)	On the discharge of the order (i.e. 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

The periods of time which must elapse before the conviction becomes spent vary considerably according to the nature of the offence and other circumstances. The rehabilitation period may be extended by the commission of a further offence during the rehabilitation period. The summarised provisions here are intended only as a general guide. Further guidance on may be obtained from the Home Office publication 'Guidance on the Rehabilitation of Offenders Act 1974', from a solicitor or the Citizens Advice Bureau.

Applicants should note that to make a false Statutory Declaration is a serious criminal offence, punishable upon conviction by imprisonment and/or a fine. This Statutory Declaration may be forwarded to the Police for examination.

Relevant Offences as listed in Schedule 7 to the Gambling Act 2005

Gambling offences

1. An offence under—

(a) this Act,

(b) the Betting, Gaming and Lotteries Act 1963 (c. 2),

(d) the Lotteries and Amusements Act 1976 (c. 32),

(e) the National Lottery etc. Act 1993 (c. 39), or

(f) the National Lottery Act 1998 (c. 22).

Theft, &c.

2. An offence under any of the following provisions of the Theft Act 1968 (c.60)—

(a) section 1 (theft),

(b) section 8 (robbery),

(d) section 10 (aggravated burglary),

(e) section 11 (theft from exhibition, &c.),

(f) section 12A (aggravated vehicle-taking),

(g) section 13 (abstracting electricity),

(h) section 15 (obtaining property by deception),

(i) section 15A (obtaining money transfer by deception),

(j) section 16 (obtaining pecuniary advantage by deception),

(k) section 17 (false accounting),

(l) section 19 (false statement by director, &c.),

(m) section 20 (suppression of document, &c.),

(n) section 21 (blackmail),

(o) section 22 (handling stolen goods),

(p) section 24A (retaining wrong credit), and

(q) section 25 (going equipped for stealing, &c.).

3. An offence under section 1 or 2 of the Theft Act 1978 (c. 31) (obtaining services, or evading liability, by deception).

4. An offence under section 170 or 170B of the Customs and Excise Management Act 1979 (c. 2) (evasion of duty).

5. An offence under section 58(1) of the Civic Government (Scotland) Act 1982 (c. 45) (convicted thief in possession).

6. Both in England and Wales and in Scotland, the offence at common law of conspiracy to defraud.

7. In Scotland the offences at common law of—

(a) theft,

(b) robbery,

(d) fraud,

(e) extortion, and

(f) reset.

Miscellaneous

8. A sexual offence within the meaning of section 161(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

9. A violent offence within the meaning of section 161(3) of that Act.

10. An offence under—

(a) the Firearms Act 1968 (c. 27), or

(b) the Firearms (Amendment) Act 1988 (c. 45).

11. An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a) section 4(2) (production),

(b) section 4(3) (supply),

(d) section 8 (permitting activity on premises).

12. An offence under the Forgery and Counterfeiting Act 1981 (c. 45), except for sections 18 and 19 (reproduction and imitation notes and coins).

13. An offence under section 3 of the Private Security Industry Act 2001 (c.12) (unlicensed activity).

14. An offence under section 70 of the Army Act 1955 (c. 18) in so far as it relates to an offence listed elsewhere in this Schedule.

15. An offence under section 70 of the Air Force Act 1955 (c. 19) in so far as it relates to an offence listed elsewhere in this Schedule.

16. An offence under section 42 of the Naval Discipline Act 1957 (c. 53) in so far as it relates to an offence listed elsewhere in this Schedule.

17. An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children).

18. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—

(a) section 1 (incest),

(b) section 2 (intercourse with a stepchild),

(d) section 5 (unlawful intercourse with a girl under 16),

(e) section 6 (indecent behaviour towards girl between 12 and 16),

(f) section 8 (detention of woman in brothel or other premises),

(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16), and

(h) section 13(5) (homosexual offences).

19. In Scotland, the offences at common law of—

(a) rape,

(b) clandestine injury to women,

(d) assault with intent to rape or ravish,

(e) indecent assault,

(f) lewd, indecent or libidinous behaviour or practices,

(g) shameless indecency,

(h) sodomy,

(i) murder,

(j) culpable homicide, and

(k) assault.

20. In Scotland, the offence at common law of uttering and fraud.

21. An inchoate offence relating to an offence listed elsewhere in this Schedule.

22. A reference in this Part of this Schedule to an offence under an Act or a provision of an Act includes a reference to an offence under subordinate legislation made under that Act or provision.