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Rehabilitation of Offenders Act 1974

Under this Act, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a hospital order (with or without a restriction order) is a "relevant order" (s5(8)) and so the rehabilitation period ends on "[t]he day provided for by or under the order as the last day on which the order is to have effect" (s5(2)). The Act goes on to say: "Where no provision is made by or under a ... relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction."

The previous position was that the rehabilitation period was the period of five years from the date of conviction or a period beginning with that date and ending two years after the date on which the hospital order ceases or ceased to have effect, whichever is the longer.

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