Entry Clearance Guidance - General Instructions

Chapter 26 Annex 3 - The Rehabilitation of Offenders Act 1974

REHABILITATION PERIODS

SENTENCE REHABILITATION PERIOD
Imprisonment for life Excluded from rehabilitation
Imprisonment or corrective training for a term exceeding 30 months
Preventive detention
Detention during Her Majesty's Pleasure or for life, or for a term exceeding 30 months, passed under Section 53 of the Children and Young Persons Act 1933 or under Section 57 of the Children and Young Persons (Scotland) Act 1937 (Young offenders convicted of grave crimes)
Imprisonment or corrective training for a term exceeding 6 months but not exceeding 30 months 10 years Subject to reduction by half for persons under 18.
Lesser periods apply for sentences that may be imposed only on young offenders.
Imprisonment for a term not exceeding 6 months 7 years
A fine or certain other sentences 5 years
An order of conditional discharge, bound over to keep the peace, be of good behaviour or a probation order One year or when the order ceased to have effect, whichever is the longer
An order of absolute discharge Six months

Rehabilitation period where a hospital order is made following a conviction
Where, following a conviction, a hospital order is made under Part III of the Mental Health Act 1983, Part VI of the Mental Health (Scotland) Act 1984 or under Part III of the Mental Health (Northern Ireland) Order 1986 (with or without an order restricting discharge) the rehabilitation period is:

  • five years from the date of conviction; or
  • two years from the date on which the hospital order ceases to have effect.
* whichever is the longer

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