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 비자 이민 FAQ |
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| 제 목 |
비자신청시, 범죄 종목에 따른 회복기간 |
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| 작성자 |
영국이민센터
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| 작성일 |
2012-07-12
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| 글정보 |
Hit : 4791, Date : 2012-07-12 |
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범죄 종목에 따른 회복기간입니다.
Guide to the Act
The Act covers Great Britain only. No other country is bound by this legislation, although the Act applies to convictions abroad for offences which would be offences here.
Rehabilitation periods
Under the Rehabilitation of Offenders Act 1974, the time it takes for an
offence to become ‘spent’ depends on the sentence given – not the offence
committed. There is one known exception to this rule. Under the Policing and
Crime Act 2009 the rehabilitation period for loitering and soliciting is six
months. See page 7 for further information about these offences.
For a custodial sentence, the rehabilitation period is decided by the total length
of the sentence imposed by the court, not the time served in custody.
Custodial sentences of more than two and a half years can never become spent.
The rehabilitation periods for the main sentences, orders and warnings, past
and present, are set out in alphabetical order in the table below.
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아래 목록중 좌측은 범죄명, 우측은 회복소요기간입니다.
Sentence, order or warning, Rehabilitation period4
Absolute discharge order= 6 months
Action plan order5(note) = 2½ years
Approved school order= 1 year after order expires
Attendance centre order6 = 1 year after order expires
Bind over 1 year or until order expires, whichever is longer
Borstal training sentence7 = 7 years
Care order8 = 1 year or until order expires, whichever is longer
Caution (conditional)= 3 months
Caution (simple)= Nil (spent instantly)
Combination order9 = 5 years; 2½ years if under 18 when convicted
Community order= 5 years; 2½ years if under 18 when convicted
Community punishment order10 = 5 years; 2½ years if under 18 when convicted
Community punishment and
rehabilitation order11= 5 years; 2½ years if under 18 when convicted
Community rehabilitation order12 = 5 years; 2½ years if under 18 when convicted
Community service order13= 5 years; 2½ years if under 18 when convicted
Compensation order = Once the compensation is paid in full
Conditional discharge order= 1 year or until order expires, whichever is longer
Confiscation order14= 5 years; 2½ years if under 18 when convicted
Curfew order15= 5 years; 2½ years if under 18 when convicted
Detention and training order, 6 months or less = 1 year after order expires for 12-14 year olds; 3½ years for 15-17 year olds
Detention and training order, more than 6 months = 1 year after order expires for 12-14 year olds; 5 years for 15-17 year olds
Detention centre order16 = 3 years
Detention in a YOI, 6 months or less17= 7 years; 3½ years if under 18 when convicted
Detention in a YOI, more than 6 months18 = 10 years; 5 years if under 18 when convicted Disqualifications19 = 5 years; 2½ years if under 18 when convicted
Drug treatment and testing order20 = 5 years; 2½ years if under 18 when convicted
Endorsements21 = 5 years; 2½ years if under 18 when convicted
Final warning= Nil (spent instantly)
Fine22 = 5 years; 2½ years if under 18 when convicted
Forfeiture order23= 5 years; 2½ years if under 18 when convicted
Hospital order, with or without a restriction order = 5 years or 2 years after order expires, whichever is longer
Prison sentence, 6 months or less = 7 years
Prison sentence, more than 6 months = 10 years
Probation order24 = (before 3 February 1995) 1 year or until order expires, whichever is longer
Probation order25= (on or after 3 February 1995) 5 years; 2½ years if under 18 when convicted
Referral order = Once the order expires
Reparation order= 2½ years
Reprimand= Nil (spent instantly)
Secure training order26 =1 year after order expires
Supervision order27 = 1 year or until order expires, whichever is longer
Suspended sentence, 6 months or less = 7 years
Suspended sentence, more than 6 months = 10 years
Youth conditional caution28 = 3 months
Youth custody order, 6 months or less29 = 7 years; 3½ years if under 18 when convicted
Youth custody order, more than 6 months30 = 10 years; 5 years if under 18 when convicted
Youth rehabilitation order31 = 1 year or until order expires, whichever is longer
Note
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4 This is from the date of warning or conviction, unless otherwise stated.
5 This has been replaced by the youth rehabilitation order.
6 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
7 This was abolished in 1983.
8 Care orders in criminal proceedings were abolished by the Children Act 1989 and effectively replaced by a supervision order with residence requirements.
9 This was replaced by the community punishment and rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
10 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
11 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles. 12 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
13 This was replaced by the community punishment order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
14 This is an ancillary order which is treated as a sentence in its own right.
15 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
16 This was abolished in 1988.
17 This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20.
18 This was abolished for those under 18 in 2000 and replaced by the detention and training order, but it is still available for those aged 18-20.
19 This is an ancillary order which is treated as a sentence in its own right.
20 This has been replaced by the community order for adults and the youth rehabilitation order for juveniles.
21 This is an ancillary order which is treated as a sentence in its own right.
22 The rehabilitation period applies even if the offender is subsequently imprisoned for default of a fine. Fines arising from fixed penalty notices and penalty notices for disorder are not covered by the Act, so do not have a rehabilitation period. Fixed penalty notices and penalty notices for disorder do not form part of criminal records.
23 This is an ancillary order which is treated as a sentence in its own right.
24 This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
25 This was replaced by the community rehabilitation order, which was itself replaced by the community order for adults and the youth rehabilitation order for juveniles.
26 This was abolished in 2000 and replaced by the detention and training order.
27 This has been replaced by the youth rehabilitation order.
28 To be piloted in six areas around the country from mid 2010.
29 This was abolished in 1988.
30 This was abolished in 1988.
31 This replaces a number of orders for offences committed after 30 November 2009.
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