Calculation of rehabilitation periods
Disclaimer: This information is intended for guidance purposes only. It must not be regarded as a definitive interpretation of the Act. For a definitive calculation of your rehabilitation period you are advised to seek professional legal advice.
The rehabilitation period for a conviction may be calculated based upon the table found on page 17, Schedule 1 of the Rehabilitation of Offenders Act 2001 and qualifying statements detailed below.
It is also noted that there are those sentences set out under section 2 of the Act – which are Sentences excluded from rehabilitation.
Rehabilitation periods for convictions incurred outside of the Island
Rehabilitation periods for convictions incurred outside of the Island will calculated based on the rehabilitation period for its closest matched equivalent on the Isle of Man.
Rehabilitation periods relating to disqualifications, disability and prohibition
Rehabilitation periods relating to:
- Disqualification (for example, disqualified from holding a driving licence)
- Disability (although not defined under the Act, 'disability' may well be considered to be an incapacity in the eyes of the law in relation to the ability of a person to enter into certain transactions or being legally able to act in a certain way)
- Prohibition (for example, prohibited from owning an animal),
commence on the date of conviction and end on the date on which the sentence ceases to have effect.
Later convictions do not extend the rehabilitation periods for these sentences unless they are convictions that occur during the rehabilitation period of the previous offence. In these circumstances neither conviction is spent until the new rehabilitation period has lapsed or they are linked to these sentences (for example, a later conviction for driving while disqualified from driving will extend the rehabilitation period for the disqualification to match that of the later conviction).
It is important to note, however, that a person may be rehabilitated but nevertheless be required to perform some other task. For example, if he or she had been disqualified from driving for a period of time the court may also have required that person to retake his or her driving test before he or she may drive again.
Rehabilitation periods for multiple convictions
For the purpose of calculating the rehabilitation period consecutive terms of custody imposed at the same time will be treated as a single term and the rehabilitation period calculated accordingly (for example, a sentence for 3 months in custody to be served after a sentence of 4 months in custody will mean the total sentence for the purpose of calculating the rehabilitation period is 7 months).
If concurrent sentences are imposed, then the longest applicable rehabilitation period will apply (for example, a 4 month and 6 month prison sentence ordered to run concurrently will count as a single term of 6 months.)
Rehabilitation periods for suspended sentences
The rehabilitation period for convictions which result in suspended sentences will be the same as if the sentence had not been suspended at the time of the conviction.
Extension or amendment of rehabilitation periods
A rehabilitation period may be restarted for a previously spent conviction if a person is found in breach of probation or conditional discharge linked to that previously spent conviction. The rehabilitation period for a conviction may be extended if a second conviction is incurred while still within the rehabilitation period of the first conviction. In this case, the rehabilitation period for both convictions would now be the rehabilitation period for the second conviction.