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Guidance: Rehabilitation Periods

Disclosure Barring Service

October 28
08:30 2023

The below rehabilitation periods align with government legislation that came into force on 28 October 2023.

Under the Rehabilitation of Offenders Act 1974 (ROA), eligible convictions or cautions become spent after a specified period of time, known as the rehabilitation period.

The rehabilitation periods depend on:

  • the sentence given or disposal administered as a result of a conviction
  • the age of the individual on the date they are convicted

The table below shows the rehabilitation periods for the most common sentences and disposals.

Rehabilitation Periods table

Sentence or disposal Rehabilitation period if aged 18 or over when convicted or disposal administered Rehabilitation period if aged under 18 when convicted or disposal administered
Sentence of imprisonment for life

Sentence of imprisonment, youth custody, detention in a young offender institution or corrective training of over four years

Sentence of preventive detention

Sentence of detention at His Majestys pleasure

Sentence of custody for life

Public protection sentences* (imprisonment for public protection, detention for public protection, extended sentences of imprisonment or detention for public protection and extended determinate sentences for dangerous offenders)

*A public protection sentence (the provisions for which are set out in Part 12 of the Criminal Justice Act 2003 and Part 8 of the Armed Forces Act 2006 means a sentence of imprisonment or detention, as detailed above, imposed for specified sexual and violent offences.
These sentences are excluded from rehabilitation and so will always be disclosed These sentences are excluded from rehabilitation and so will always be disclosed
A custodial sentence of more than 4 years (not for a schedule 18 offence) The end of the period of 7 years beginning with the day on which the sentence (including any licence period) is completed The end of the period of 42 months beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence* of more than 1 year and up to, or consisting of, 4 years The end of the period of 4 years beginning with the day on which the sentence (including any licence period) is completed The end of the period of 2 years beginning with the day on which the sentence (including any licence period) is completed
A custodial sentence of 1 year or less The end of the period of 12 months beginning with the day on which the sentence (including any licence period) is completed The end of the period of 6 months beginning with the day on which the sentence (including any licence period) is completed
Removal from His Majestys service The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A sentence of service detention The end of the period of 12 months beginning with the day on which the sentence is completed The end of the period of 6 months beginning with the day on which the sentence is completed
A severe reprimand or reprimand under the Armed Forces Act 2006 The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
Driving endorsements 5 years from the date of conviction 2 years 6 months from the date of conviction
Driving disqualification When the period of the disqualification has passed When the period of the disqualification has passed
Simple caution, youth caution** Spent immediately Spent immediately
Conditional caution, youth conditional caution, diversionary caution** 3 months or when caution ceases to have effect if earlier 3 months or when caution ceases to have effect if earlier
A fine The end of the period of 12 months beginning with the date of the conviction in respect of which the sentence is imposed The end of the period of 6 months beginning with the date of the conviction in respect of which the sentence is imposed
A compensation order The date on which the payment is made in full The date on which the payment is made in full
Absolute discharge Spent immediately Spent immediately
Relevant orders*** (orders that impose a disqualification, disability, prohibition or other penalty) The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states unlimited, indefinitely or until further order as in these cases it will remain unspent The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states unlimited, indefinitely or until further order as in these cases it will remain unspent The end date given by the order or, if no date given, 2 years from the date of conviction - unless the order states unlimited, indefinitely or until further order as in these cases it will remain unspent

*Suspended custodial sentences are treated the same as custodial sentences for this purpose. It will be the length of the sentence imposed by the court, not the period it is suspended for that dictates when it will become spent.

**Diversionary cautions and community cautions were introduced under the PCSC Act 2022 and are due to come into force in 2024.

***Relevant orders include

  1. community and youth rehabilitation orders,
  2. conditional discharge orders,
  3. hospital orders,
  4. bind overs,
  5. referral orders,
  6. care orders, and
  7. earlier statutory orders and
  8. any order imposing a disqualification, disability, prohibition, penalty, requirement or restriction, or is otherwise intended to regulate the behaviour of the person convicted,

Example scenarios

What if multiple sentences were given simultaneously?

If there is more than one sentence or disposal given for an offence, or multiple offences within the same proceedings, the rehabilitation period applied to the conviction(s) will be the one with the latest date.

Example

Anthony was convicted of burglary on 1 February 2018. He received a 2 year custodial sentence and was also ordered to pay a fine of 300. Anthony was over 18 at the time of his conviction.

The rehabilitation period for the 2 year custodial sentence would end 4 years from the completion of his sentence on 1 August 2024. The rehabilitation period for the fine would end 12 months from the date of his conviction on 1 February 2019.

However, because they were both given for the same conviction, the whole conviction would not become spent until the later date of 1 August 2024.

What if there is more than one conviction?

If there is more than one conviction but the rehabilitation periods do not overlap, there is no change.

If an individual is convicted again within the rehabilitation period of another conviction, in most instances this will affect when the convictions become spent i.e. neither conviction will become spent until the rehabilitation period with the latest date has ended.

Example 1

Sandra, age 19, was convicted of theft on 20 May 2015 and received a 3 month custodial sentence. This conviction would become spent on 20 September 2016.

On 1 February 2016, she is convicted of battery and receives a 3 month suspended custodial sentence. This conviction would become spent on 1 May 2017.

Both offences will remain unspent until the later date of 1 May 2017, because she was convicted of a further offence while within the rehabilitation period of the first offence.

In this case, both convictions would be disclosed on a basic DBS certificate issued before 1 May 2017.

Example 2

Ranjit, age 32, was convicted of fraud on 20 May 2015 and received a 3 month custodial sentence. This conviction would become spent on 20 August 2016.

On 1 February 2017 he was convicted of a further offence for which he was given a fine of 200. This conviction would become spent

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