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The following is for guidance purposes only, it is not a definitive interpretation of the Act. If in doubt - seek legal advice. The Act is intended to restore the reputation of a person who has been convicted but has stayed on the right side of the law for a specified period afterward. The Act cam into force on 1st July 1995 but applies to convictions before and after that date. Rehabilitation periods are not relative to the offence committed (other than the seriousness of the crime may dictate the sentence). Rehabilitation periods are calculated by reference to the sentence imposed by the Court. But Insurers, when considering driving convictions should be mindful of the Power vs Provincial Insurance (1997) case. If a person is convicted and receives a sentence of more than 2 years and 6 months (30 months) their conviction never becomes 'spent'. It is the sentence, not the time spent in prison that counts.
Other then for an absolute discharge, the periods are halved if the person convicted was under 18 at the time. If a person, under 18, receives a probation order on, or after, 03.02.95, the rehabilitation period is 2.5 years or until the order has expired, whichever is the longer. Servicemen: Imprisonment rehabilitation periods are the same. However, there exist other offences which carry the following rehabilitation periods:
The periods are halved for persons under the age of 18 years at the time of conviction. |
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