Rehabilitation Periods

The easiest periods to deal with relate to simple cautions, reprimands and warnings which become spent immediately they are given.

In general terms a person under 18 at the time of the conviction/disposal would expect their rehabilitation period to be half the period for an adult. For example, an adult would have to wait 1 year for rehabilitation if they had been fined for an offence, but the young person would only need to wait 6 months. The period is increased to 2 years for an adult if imprisonment was imposed up to 6 months. This is increased to 4 years for a period of imprisonment over 6 months but not exceeding 2½ years. Above that the conviction becomes spent after 7 years from the end of the sentence.

For some disposals the rehabilitation period is the same for adults and young people. For example, a conditional discharge will become spent after the period of the Order or 12 months, depending which is longer. An absolute discharge is spent after 6 months.

There is one example where the rehabilitation period may be particularly problematic. If a Compensation Order was made against an offender then the rehabilitation period lasts until the Order is paid in full. This could mean that, theoretically, a Compensation Order is never spent if a person has unwittingly left a very small sum unpaid. On the basis that a court would not make a Compensation Order that they felt an offender could not pay off within a reasonable period it is hoped that this provision would not cause anybody a problem. It is easy to see how the provision could result in somebody making a false declaration on an application form.

Rehabilitation periods can be subject to the whim of Government. If you have a problem with rehabilitation periods then you should not rely upon this information but rather check the information maintained on the Justice site.

While we are about it, bear in mind that almost any involvement with the police is likely to result in a record being kept on the Police National Computer and be disclosable by the police, at least on an Enhanced check.

Contact Dennis Clarke to discuss your problem and satisfy yourself that we can offer the skill and service that you need. In normal office hours ring Dennis Clarke on 01732 360999.

Clarke Kiernan, Rehabilitation Issues solicitors,

2 – 4 Bradford Street, Tonbridge, Kent. TN9 1DU

Phone: 01732360999, Fax : 01732353835, fraud@clarkekiernan.comMap