East Devon District Council

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Guide A guide to personal licences GN3

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2. Appendix A - spent convictions

For the purposes of this part a conviction for a relevant offence or a foreign offence must be disregarded if it is spent for the purposes of the Rehabilitation of Offenders Act 1974.

Summary of rehabilitation of Offenders Act 1974 (see Act for full details)

  • Sentence: *Imprisonment of between six to 30 months
    Becomes spent after: 10 years
  • Sentence: *Imprisonment or youth custody of up to six months
    Becomes spent after: seven years
  • Sentence: Borstal training
    Becomes spent after: seven years
  • Sentence: *A fine or other sentence not otherwise covered in this table
    Becomes spent after: five years
  • Sentence: For an absolute discharge
    Becomes spent after: six months
  • Sentence: For a probation order
    Becomes spent after: five years or 30 months, if under 18 years of age at the time of conviction, or until the order expires (whichever is the longer)
  • Sentence: Conditional discharge or bind over
    Becomes spent after: one year (or until order expires, whichever is the longer)
  • Sentence: Disqualification (driving)
    Becomes spent after: for period of disqualification
  • Sentence: Remand home, attendance centre or approved school order
    Becomes spent after: period of the order and a further year after the order expires
  • Sentence: Hospital order under the Mental Health Act
    Becomes spent after: period of the order and a further two years after it expires
  • Sentence: *Cashiering, discharge with ignominy or dismissal from the armed forces
    Becomes spent after: 10 years
  • Sentence: *Dismissal from the armed forces
    Becomes spent after: seven years
  • Sentence: *Detention by the armed forces
    Becomes spent after: five years
  • Sentence: Detention by direction of the Home Secretary:-
    • For a period exceeding six months but not exceeding 30 months (armed forces)
      Becomes spent after five years
    • Detention of less than six months
      Becomes spent after: three years

Note:

  1. A sentence of more than 30 months imprisonment can never become spent
  2. If you were under 18 years of age on the date of conviction, please halve the period in the right hand column for the sentences marked with an *.