Q&As

What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

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Published on LexisPSL on 11/12/2018

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012?
  • Impact of LASPO 2012 on the rehabilitation periods

What is the relevant rehabilitation period related to a conviction for fraud, theft or handling of stolen goods under the Rehabilitation of Offenders Act 1974 and has this subsequently been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012?

Under the Rehabilitation of Offenders Act 1974 (ROA 1974), convictions may become spent after a specified period of time.

Under ROA 1974, the time it takes for a conviction to become spent will generally depend on the sentence (not the offence) imposed.

ROA 1974, s 5 sets out the rehabilitation periods and specifies the sentences to which it applies. The rehabilitation periods are set out in ROA 1974, s 5(2)–(5) (as amended). They start as soon as the offender is convicted and runs until the end of the specified period, in most cases, the period set out in the table at ROA 1974, s 5(2)(b), with reference to the sentence imposed.

Some of the most relevant current rehabilitation periods that might apply to a conviction for fraud, theft or handling of stolen goods are as follows:

Sentence lengthRehabilitation period—adult offendersRehabilitation period—offender aged under 18 at date of conviction
Absolute dischargeNilNil
Conditional cautionThree months from the date on which the caution is given, or if earlier, when the caution
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