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cotland, supervision requirements made by children's hearings attract .milar rehabilitation periods to cars or supervision orders.
If one is sentenced to more than 2% years in prison his conviction cen nov.become 'spent. This applies to life sentences, preventive detention, and their equivalents for young offenders. It is the sentence imposed by the court that counts, even if it is a suspended sentence, not the time actually spent in prison.
What about Servicemen?
For imprisonment in the Services the rehabilitation periods are the same as in civilian life. For cashiering, discharge with ignominy or dismissal with disgrace, the period is 10 years. For simpla dismissal from the Service it is 7 years, and for detention 5 years. These periods are halved if the offender was under 17 at the time.
What about later convictions?
It depends what these are for. If it is one of the less serious offences which can only be tried in a magistrates' court (some more serious ones can be tried both by the Crown Court and by the magistrates) the first conviction becomes spent at the time originally fixed. The rehabilitation period for the second offence will then run for its normal length. But if the later conviction is for an offence which could be tried in the Crown Court (eg stealing) then neither conviction will become spent until the rehabili- tation periods for both offences are over. And if the second conviction is so serious that it incurs a prison sentence of more than 2%1⁄2 years then neither the second nor the first conviction will ever becoins spent. A later conviction affects the rehabilitation period for an earlier conviction only if it happens before the first period has run out.
What are tho Act's main advantages?
Once conviction has become spent under the Act, the convicted person does not have to reveal it or admit its existence in most circumstances. There are some exceptions, but unless one of these applies the previous conviction need not be disclosed when filling in a form, or at an interview, for instance for a job. An employer cannot refuse to employ someone (or dismiss someone) because he or she has a spent conviction.
The Act also says that Parliament may authorise further exceptions; details of those in force when the Act begins to operate may be found in the Guide referred to below. Others may be made later.
Official records will continue to be kept of spent convictions, but these may not be disclosed to others unless there is an official reason for doing so. The Act says that spent convictions may still be mentioned in criminal proccedings, or in any court proceedings to do with children. But in civil proceedings the court would have to be satisfied that justice could not be done without the disclosure of a spent conviction; otherwise it cannot be mentioned in court.
Aater This ledled Is Interd J as general guidance only. It must not be rugsided as a definitiva Interpretailon of the Act. Anyone in douhi should seek legal advka. A fuller "Layıran's Gukie' to the Act is awilabls from HMSO. This will inchada datelis of how the Act applies in Scotlervi.
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