Rehabilitation of Offenders Act 2001

c i e
AT 6 of 2001

REHABILITATION OF OFFENDERS ACT

2001

Rehabilitation of Offenders Act 2001 Index


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REHABILITATION OF OFFENDERS ACT 2001

Index Section Page

1 Rehabilitated persons and spent convictions ............................................................. 5
2 Sentences excluded from rehabilitation....................................................................... 6
3 Spent convictions: offence to publish or broadcast .................................................... 6
4 Effect of rehabilitation on obligations to disclose, etc spent convictions ................ 7
5 Spent convictions: disclosure in criminal and civil proceedings ............................. 8
6 Sections 4 and 5: supplementary definitions .............................................................. 9
7 Rehabilitation periods .................................................................................................. 10
8 Unauthorised disclosure of spent convictions from official records, etc .............. 10
9 Offences by bodies corporate ...................................................................................... 11
10 Orders ............................................................................................................................. 11
11 Interpretation ................................................................................................................. 11
12 Civil remedies ............................................................................................................... 13
13 Amendments ................................................................................................................. 13
14 Citation and commencement ...................................................................................... 13
SCHEDULE 1 15

REHABILITATION PERIODS 15
SCHEDULE 2 19

AMENDMENTS 19
ENDNOTES 21

TABLE OF LEGISLATION HISTORY 21
TABLE OF RENUMBERED PROVISIONS 21
TABLE OF ENDNOTE REFERENCES 21

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REHABILITATION OF OFFENDERS ACT 2001

Received Royal Assent: 20 March 2001
Passed: 20 March 2001
Commenced: 21 June 2001
AN ACT
to rehabilitate offenders who have not been reconvicted of any serious
offence for periods of years; to penalise the publication, etc. of their previous
convictions; and for connected purposes.
1 Rehabilitated persons and spent convictions

[P1974/53/1]
(1) Where an individual has been convicted, whether before or after the
commencement of this Act, of any offence, and the conditions specified
in subsection (2) are satisfied, then —
(a) after the end of the rehabilitation period applicable to the
conviction; or
(b) where that rehabilitation period ended before the commencement
of this Act, after the commencement of this Act,
that individual shall for the purposes of this Act be treated as a
rehabilitated person in respect of the conviction which shall for those
purposes be treated as spent.
(2) The conditions referred to in subsection (1) are that —
(a) the individual did not have imposed on him in respect of the
conviction a sentence which is excluded from rehabilitation under
this Act; and
(b) he has not had imposed on him in respect of a subsequent
conviction during the rehabilitation period applicable to the
original conviction a sentence which is excluded from
rehabilitation under this Act; and
(c) he has served or otherwise undergone or complied with any
sentence imposed on him in respect of the conviction and has
complied with all conditions, requirements and orders which are
applicable in respect of the decision.
Section 2 Rehabilitation of Offenders Act 2001


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2 Sentences excluded from rehabilitation

[P1974/53/5(1)-(1A)]
The sentences excluded from rehabilitation under this Act are —
(a) a sentence of custody for life;
(b) a sentence of custody for a term exceeding 30 months;
(c) a sentence of detention during Her Majesty’s pleasure passed
under section 8 of the Custody Act 1995 (detention of certain
young offenders),
and any other sentence is a sentence subject to rehabilitation under this Act.
3 Spent convictions: offence to publish or broadcast

(1) Subject to the following provisions of this section and to any order under
section 10(1), any person who —
(a) publishes, or causes or permits to be published; or
(b) broadcasts, or causes or permits to be broadcast,
any matter imputing that a rehabilitated person has committed or been
charged with or prosecuted for or convicted of or sentenced for an
offence which was the subject of a spent conviction shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£2,500.
(2) In proceedings against a person for an offence under subsection (1) it
shall be a defence for him to satisfy the court that —
(a) the publication or broadcast took place before the conviction in
question became spent; or
(b) the rehabilitated person, or a person whom he reasonably
believed to be the rehabilitated person, had given his express
consent to the publication or broadcast; or
(c) the publication or broadcast was ordered by a court in the Island;
or
(d) the person took all reasonable steps and exercised all due
diligence to avoid committing the offence; or
(e) the publication or broadcast took place not less than 30 years after
the death of the rehabilitated person.
(3) A person shall not be entitled to rely on the defence provided by
subsection (2)(d) by reason of his reliance on information given by
another unless he shows that it was reasonable in all the circumstances
for him to have relied on the information, having regard in particular —
(a) to the steps which he took, and those which might reasonably
have been taken, for the purpose of verifying the information, and
(b) to whether he had any reason to disbelieve the information.
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(4) Where in any proceedings for an offence under subsection (1) the defence
provided by subsection (2)(d) involves an allegation that the commission
of the offence was due —
(a) to the act or default of another; or
(b) to reliance on information given by another,
the person shall not, without the leave of the court, be entitled to rely on
the defence unless he has served a notice under subsection (5) on the
person bringing the proceedings not less than 7 clear days before the
hearing of the proceedings.
(5) A notice under this subsection shall give such information identifying or
assisting in the identification of the person who committed the act or
default, or gave the information, as is in the possession of the person
serving the notice at the time he serves it.
(6) Subsection (1) shall not apply in relation to —
(a) any report of judicial proceedings contained in any bona fide series
of law reports which does not form part of any other publication
and consists solely of reports of proceedings in courts of law;
(b) any report or account of judicial proceedings published for bona
fide educational, scientific or professional purposes, or given in the
course of any lecture, class or discussion given or held for any of
those purposes; and
(c) any person to whom section 8(1) applies, but only in respect of
official records or information contained therein which he has or
at any time has had custody of or access to.
(7) In this section, ‘broadcast’ means the transmission by wireless
telegraphy, or by a telecommunications system, or by any electronic
media, of words, visual images, sounds or other information which —
(a) is capable of being lawfully received by members of the public; or
(b) is transmitted for presentation to members of the public.
4 Effect of rehabilitation on obligations to disclose, etc spent convictions

[P1974/53/4(3)-(5)]
(1) Any obligation imposed on any person by —
(a) any rule of law; or
(b) by the provisions of any agreement or arrangement,
to disclose any matters to any other person shall not extend to requiring
him to disclose a spent conviction or any circumstances ancillary to a
spent conviction (whether the conviction is his own or another’s).
(2) Where a question seeking information with respect to a person’s
previous convictions, offences, conduct or circumstances is put to him or
Section 5 Rehabilitation of Offenders Act 2001


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to any other person otherwise than in proceedings before a judicial
authority —
(a) the question shall be treated as not relating to spent convictions or
to any circumstances ancillary to spent convictions, and the
answer may be framed accordingly; and
(b) the person questioned shall not be subjected to any liability or
otherwise prejudiced in law by reason of any failure to
acknowledge or disclose a spent conviction or any circumstances
ancillary to a spent conviction in his answer to the question.
(3) A conviction which has become spent or any circumstances ancillary
thereto, or any failure to disclose a spent conviction or any such
circumstances, shall not be a proper ground for dismissing or excluding
a person from any office, profession, occupation or employment or for
prejudicing him in any way in any occupation or employment.
5 Spent convictions: disclosure in criminal and civil proceedings

[P1974/53/4(2) and 7(2)-(5)]
(1) Notwithstanding any other statutory provision or rule of law to the
contrary, but subject to subsections (2) and (3) and to section 6, —
(a) no evidence shall be admissible in any proceedings before a
judicial authority exercising its jurisdiction or functions in the
Island to prove that any person has committed or been charged
with or prosecuted for or convicted of or sentenced for any
offence which was the subject of a spent conviction; and
(b) a person shall not, in any such proceedings, be asked, and, if
asked, shall not be required to answer, any question relating to his
past which cannot be answered without acknowledging or
referring to a spent conviction or spent convictions or any
circumstances ancillary to a spent conviction.
(2) Nothing in this Act shall prevent the admission or requirement of any
evidence, relating to a person’s previous convictions or to circumstances
ancillary thereto —
(a) in any criminal proceedings before a court in the Island (including
any appeal or reference in a criminal matter);
(b) in any proceedings relating to adoption, the marriage of any
minor, or to the formation of a civil partnership by any minor, the
exercise of the inherent jurisdiction of the High Court with respect
to minors or the provision by any person of accommodation, care
or schooling for minors;1

(c) in any proceedings brought under the Children and Young Persons
Act 2001 (including proceedings relating to the variation or
discharge of a supervision order under Schedule 9 to that Act, or
on appeal from any such proceedings);2

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(d) in any proceedings in which he is a party or a witness, if, on the
occasion when the admission or requirement of the evidence falls
to be determined, he consents to the admission or requirement of
the evidence.
(3) If at any stage in any proceedings before a judicial authority in the Island
the judicial authority is satisfied, in the light of any considerations which
appear to it to be relevant (including any evidence which has been or
may thereafter be put before it), that justice cannot be done in the case
except by admitting or requiring evidence relating to a person’s spent
convictions or to circumstances ancillary thereto, that authority may
admit or, as the case may be, require the evidence in question.
(4) Subsection (3) does not apply to proceedings referred to in
paragraphs (a) to (c) of subsection (2) nor specified in any order for the
time being in force under section 10(1).
(5) No order made by a court with respect to any person otherwise than on a
conviction shall be included in any list or statement of that person’s
previous convictions given or made to any court which is considering
how to deal with him in respect of any offence.
6 Sections 4 and 5: supplementary definitions

(1) For the purposes of sections 4 and 5, any of the following are
circumstances ancillary to a conviction —
(a) the offence or offences which were the subject of that conviction;
(b) the conduct constituting that offence or those offences; and
(c) any process or proceedings preliminary to that conviction, any
sentence imposed in respect of that conviction, any proceedings
(whether by way of appeal or otherwise) for reviewing that
conviction or any such sentence, and anything done in pursuance
of or undergone in compliance with any such sentence.
(2) For the purposes of sections 4 and 5, “proceedings before a judicial
authority” includes, in addition to proceedings before any of the
ordinary courts of law, proceedings before any tribunal, body or person
having power —
(a) by virtue of any statutory provision, law, custom or practice;
(b) under the rules governing any association, institution, profession,
occupation or employment; or
(c) under any provision of an agreement providing for arbitration
with respect to questions arising thereunder;
to determine any question affecting the rights, privileges, obligations or
liabilities of any person, or to receive evidence affecting the
determination of any such question.
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7 Rehabilitation periods

[P1974/53/5 and 6]
(1) For the purposes of this Act, the rehabilitation periods shall be
determined in accordance with Schedule 1.
(2) The Department of Home Affairs may by order amend Schedule 1.
8 Unauthorised disclosure of spent convictions from official records, etc

[P1974/53/9]
(1) Subject to the provisions of any order under subsection (7), any person
who, in the course of his official duties, has or at any time has had
custody of or access to any official record or the information contained
therein, shall be guilty of an offence if, knowing or having reasonable
cause to suspect that any specified information he has obtained in the
course of those duties is specified information, he discloses it, otherwise
than in the course of those duties, to another person.
(2) Any person guilty of an offence under subsection (1) shall be liable on
summary conviction to a fine not exceeding £2,500.
(3) In any proceedings for an offence under subsection (1) it shall be a
defence for the defendant to show that the disclosure was made —
(a) to the rehabilitated person or to another person at the express
request of the rehabilitated person; or
(b) to a person whom he reasonably believed to be the rehabilitated
person or to another person at the express request of a person
whom he reasonably believed to be the rehabilitated person.
(4) Proceedings for an offence under subsection (1) shall not be instituted
except by or on behalf of the Attorney General.
(5) Any person who obtains any specified information from any official
record by means of any fraud, dishonesty or bribe shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£5,000 or to custody for a term not exceeding 6 months, or to both.
(6) In this section —
‘official record’ means a record kept for the purposes of its functions by any
court, police force, department, statutory board, local or other public
authority in the Island, or a record kept, in the Island or elsewhere, for
the purposes of any of Her Majesty’s forces, being in either case a record
containing information about persons convicted of offences;
‘specified information’ means information imputing that a named or otherwise
identifiable rehabilitated living person has committed or been charged
with or prosecuted for or convicted of or sentenced for any offence which
is the subject of a spent conviction.
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(7) The Department of Home Affairs may by order make such provision as
appears to it to be appropriate for excepting the disclosure of specified
information derived from an official record from the provisions of
subsection (1) in such cases or classes of case as may be specified in the
order.
9 Offences by bodies corporate

(1) Where an offence under this Act committed by a body corporate is
proved to have been committed with the consent or connivance of, or to
be attributable to neglect on the part of, a director, manager, secretary or
other similar officer of the body corporate or a person who was
purporting to act in such a capacity, he, as well as the body corporate, is
guilty of the offence and liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate are managed by its members,
subsection (1) applies in relation to the acts and defaults of a member in
connection with his functions of management as if he were a director of
the body corporate.
(3) For the purposes of subsection (1), ‘body corporate’ includes a limited
liability company constituted under the Limited Liability Companies Act
1996 and, in relation to such a company, any reference to a director, or
other officer of a body corporate is a reference to a member and to the
company’s manager and registered agent.
10 Orders

(1) The Department of Home Affairs may by order —
(a) make such provisions as seems to it appropriate for excluding or
modifying the application of sections 3(1), 4 or 5(1) in relation to
such questions, cases, circumstances or proceedings as may be
specified in the order;
(b) provide for such exceptions from the provisions of sections 3(1), 4
or 5(1) as seem to it appropriate;
(c) apply the provisions of this Act to sentences imposed in service
disciplinary proceedings subject to such exceptions, adaptations
and modifications as may be specified.
(2) An order under any provision of this Act, except section 14(2), shall not
come into operation unless it is approved by Tynwald.
11 Interpretation

(1) In this Act —
“custody
” means imprisonment, custody or detention and includes penal
servitude;
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“rehabilitation period
” means the period applicable under section 7 and
Schedule 1;
“service disciplinary proceedings
” means any of the following —
(a) any proceedings under the Army Act 1955, theAir Force Act 1955,
or the Naval Discipline Act 1957 (whether before a court-martial
or before any other court or person authorised thereunder to
award a punishment in respect of any offence);
(b) any proceedings under any Act previously in force corresponding
to any of the Acts mentioned in paragraph (a);
(c) any proceedings before a Standing Civilian Court established
under the Armed Forces Act 1976 (an Act of Parliament);
(d) any proceedings under any corresponding statutory provision or
law applying to a force, other than a home force, to which
section 4 of the Visiting Forces (British Commonwealth) Act 1933
(an Act of Parliament) applies or applied at the time of the
proceedings, being proceedings in respect of a member of a home
force who is or was at that time attached to the first-mentioned
force under that section;
whether in any event those proceedings take place in the Island or
elsewhere;
“spent conviction
” means a spent conviction for the purposes of this Act.
(2) In this Act “sentence
” includes any order made by a court in dealing
with a person in respect of his conviction of any offence or offences, other
than —
(a) an order for committal or any other order made in default of
payment of any fine or other sum adjudged to be paid by or
imposed on a conviction;
(b) an order dealing with a person in respect of a suspended sentence
of custody.
(3) In this Act, references to a conviction, however expressed, include
references —
(a) to a conviction by or before a court outside the Island; and
(b) to any finding (other than a finding linked with a finding of
insanity) in any criminal proceedings or in care proceedings
under section 53 of the Children and Young Persons Act 1966 that a
person has committed an offence or done the act or made the
omission charged;
and notwithstanding anything in section 9 of the Criminal Justice Act 1963
(conviction of a person put on probation or discharged to be deemed not
to be a conviction) a conviction in respect of which an order is made
placing the person convicted on probation or discharging him absolutely
or conditionally shall be treated as a conviction for the purposes of this
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Act and accordingly the person in question may become a rehabilitated
person in respect of that conviction and the conviction a spent
conviction.
(4) In this Act, references to any sentence under an enactment are to be
construed as including references to any sentence previously in force
corresponding to that sentence.
12 Civil remedies

This Act shall not be construed as conferring any right of action in civil
proceedings in respect of any publication, broadcast or disclosure made in
contravention of this Act.
13 Amendments

The enactments specified in Schedule 2 are amended in accordance with that
Schedule.
14 Citation and commencement

(1) This Act may be cited as the Rehabilitation of Offenders Act 2001.
(2) This Act shall come into operation on such day as the Department of
Home Affairs may by order appoint.3

Rehabilitation of Offenders Act 2001 Schedule 1



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SCHEDULE 1

REHABILITATION PERIODS

Section 7
PART 1 - REHABILITATION PERIOD APPLICABLE TO A

CONVICTION

1. Where only one sentence is imposed in respect of a conviction (not being a
sentence excluded from rehabilitation under this Act) the rehabilitation period
applicable to the conviction is, subject to the provisions of this Part, the period
applicable to the sentence in accordance with Part 2.
2. Where more than one sentence is imposed in respect of a conviction (whether or
not in the same proceedings) and none of the sentences imposed is excluded from
rehabilitation under this Act, then, subject to the provisions of this Part, if the periods
applicable to those sentences in accordance with Part 2 differ, the rehabilitation period
applicable to the conviction shall be the longer or the longest (as the case may be) of
those periods.
3. Without prejudice to paragraph 2, where in respect of a conviction a person was
conditionally discharged or placed on probation and after the end of the rehabilitation
period applicable to the conviction under paragraph 1 or 2 he is dealt with, in
consequence of a breach of conditional discharge or probation, for the offence for
which the order for conditional discharge or probation order was made, then, if the
rehabilitation period applicable to the conviction in accordance with paragraph 2
(taking into account any sentence imposed when he is so dealt with) ends later than the
rehabilitation period previously applicable to the conviction, he shall be treated for the
purposes of this Act as not having become a rehabilitated person in respect of that
conviction, and the conviction shall for those purposes be treated as not having become
spent, in relation to any period falling before the end of the new rehabilitation period.
4. Subject to paragraph 5, where during the rehabilitation period applicable to
a conviction, —
(a) the person convicted is convicted of a further offence; and
(b) no sentence excluded from rehabilitation under this Act is
imposed on him in respect of the later conviction,
if the rehabilitation period applicable to either of the convictions would end earlier
than the period applicable in relation to the other, the rehabilitation period which
would end the earlier shall be extended so as to end at the same time as the other
rehabilitation period.
Schedule 1
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5. Where the rehabilitation period applicable to a conviction is the rehabilitation
period applicable in accordance with paragraph 12 to an order imposing on a person
any disqualification, disability, prohibition or other penalty, the rehabilitation period
applicable to another conviction shall not by virtue of paragraph 4 be extended by
reference to that period; but if any other sentence is imposed in respect of the first-
mentioned conviction for which a rehabilitation period is prescribed by any other
provision of Part 2, the rehabilitation period applicable to another conviction shall,
where appropriate, be extended under paragraph 4 by reference to the rehabilitation
period applicable in accordance with that Part to that sentence or, where more than one
such sentence is imposed, by reference to the longer or longest of the periods so
applicable to those sentences, as if the period in question were the rehabilitation period
applicable to the first-mentioned conviction.
6. (1) For the purposes of paragraph 4(a) there shall be disregarded —
(a) any conviction in the Island of a summary offence prescribed
under sub-paragraph (2); and
(b) any conviction by or before a court outside the Island of an
offence in respect of conduct which, if it had taken place in the
Island, would not have constituted an offence under the law in
force in the Island.
(2) The Department of Home Affairs may by order prescribe summary
offences for the purposes of sub-paragraph (1)(a).
PART 2 – REHABILITATION PERIODS FOR PARTICULAR

SENTENCES

7. The rehabilitation period applicable to a sentence specified in column 1 of the
Table is the period specified in column 2 of that Table in relation to that sentence, or,
where the sentence was imposed on a person who was under 17 years of age at the
date of his conviction, half that period reckoned from the date of the conviction in
respect of which the sentence was imposed.

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TABLE
REHABILITATION PERIODS SUBJECT TO REDUCTION BY HALF FOR
PERSONS UNDER 17
Sentence Rehabilitation period
A sentence of custody for a term not exceeding 6 months. 7 years.
A sentence of custody for a term exceeding 6 months but not
exceeding 12 months.
8 years.
A sentence of custody for a term exceeding 12 months but not
exceeding 18 months.
9 years.
A sentence of custody for a term exceeding 18 months but not
exceeding 30 months.
10 years.
A fine or any other sentence subject to rehabilitation under this
Act, not being a sentence to which any of paragraphs 8 to 13
applies.
5 years.

8. The rehabilitation period applicable to an order discharging a person absolutely
for an offence shall be 6 months from the date of conviction.
9. (1) Where in respect of a conviction a sentence to which this paragraph
applies is imposed, the rehabilitation period applicable to the sentence shall be one
year from —
(a) the date of conviction; or
(b) a period beginning with that date and ending when the sentence
ceases or ceased to have effect,
whichever is the longer.
(2) Sub-paragraph (1) applies to the following sentences —
(a) an order for conditional discharge;
(b) a recognisance to keep the peace or be of good behaviour;
(c) a probation order;
(d) a curfew order;
(e) an attendance centre order;
(f) a reparation order.
10. Where in respect of a conviction any of the following sentences was imposed,
that is to say —
(a) an order under section 50 of the Children and Young Persons Act
1966;
(b) any other care order under the Children and Young Persons Acts
1966 to 1990;
Schedule 1
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(c) a supervision order under any provision of the Children and
Young Persons Acts 1966 to 1990 or the Custody Act 1995 or under
Schedule 9 to the Children and Young Persons Act 2001;4

the rehabilitation period applicable to the sentence shall be one year from the date of
conviction or a period beginning with that date and ending when the order or
requirement ceases or ceased to have effect, whichever is the longer.
11. Where in respect of a conviction a hospital order under Part 3 of the Mental
Health Act 1998 (with or without a restriction order) was made, the rehabilitation
period applicable to the sentence shall be the period of 5 years from the date of
conviction or a period beginning with that date and ending 2 years after the date on
which the hospital order ceases or ceased to have effect, whichever is the longer.
12. Where in respect of a conviction an order was made imposing on the person
convicted any disqualification, disability, prohibition or other penalty, the
rehabilitation period applicable to the sentence shall be a period beginning with the
date of conviction and ending on the date on which the disqualification, disability,
prohibition or penalty (as the case may be) ceases or ceased to have effect.
13. For the purposes of this Schedule —
(a) consecutive terms of custody and terms which are wholly or
partly concurrent (being terms of custody or detention imposed in
respect of offences of which a person was convicted in the same
proceedings) shall be treated as a single term;
(b) no account shall be taken of any subsequent variation, made by a
court in dealing with a person in respect of a suspended sentence
of custody, of the term originally imposed; and
(c) a sentence imposed by a court outside the Island shall be treated
as a sentence of that one of the descriptions mentioned in this Part
which most nearly corresponds to the sentence imposed.
14. References in this Part to the period during which a probation order, or a care
order or supervision order under the Children and Young Persons Acts 1966 to 1990 or
the Custody Act 1995 or under Schedule 9 to the Children and Young Persons Act 2001 is
or was in force include references to any period during which any order or
requirement to which this paragraph applies, being an order or requirement made or
imposed directly or indirectly in substitution for the first-mentioned order or
requirement, is or was in force.5



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SCHEDULE 2

AMENDMENTS

Section 13
[Sch 2 amends the following Acts —
Road Traffic Regulation Act 1985 q.v.
Wildlife Act 1990 q.v.]
Rehabilitation of Offenders Act 2001 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) substituted by Children and Young Persons Act 2001 Sch 12 and amended by
Civil Partnership Act 2011 Sch 14. 2
Para (c) substituted by Children and Young Persons Act 2001 Sch 12. 3
ADO (whole Act) 21/6/2001 (SD316/01). 4
Subpara (c) amended by Children and Young Persons Act 2001 Sch 12. 5
Para 14 amended by Children and Young Persons Act 2001 Sch 12.