i e AT 6 of 2001 REHABILITATION OF OFFENDERS ACT 2001

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1 i e AT 6 of 2001 REHABILITATION OF OFFENDERS ACT 2001

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3 Rehabilitation of Offenders At 2001 Index i e REHABILITATION OF OFFENDERS ACT 2001 Index Setion Page 1 Rehabilitated persons and spent onvitions Sentenes exluded from rehabilitation Spent onvitions: offene to publish or broadast Effet of rehabilitation on obligations to dislose, et spent onvitions Spent onvitions: dislosure in riminal and ivil proeedings Setions 4 and 5: supplementary definitions Rehabilitation periods Unauthorised dislosure of spent onvitions from offiial reords, et Offenes by bodies orporate Orders Interpretation Civil remedies Amendments Citation and ommenement 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 AT 6 of 2001 Page 3

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5 Rehabilitation of Offenders At 2001 Setion 1 i e REHABILITATION OF OFFENDERS ACT 2001 Reeived Royal Assent: 20 Marh 2001 Passed: 20 Marh 2001 Commened: 21 June 2001 AN ACT to rehabilitate offenders who have not been reonvited of any serious offene for periods of years; to penalise the publiation, et. of their previous onvitions; and for onneted purposes. 1 Rehabilitated persons and spent onvitions [P1974/53/1] (1) Where an individual has been onvited, whether before or after the ommenement of this At, of any offene, and the onditions speified in subsetion (2) are satisfied, then after the end of the rehabilitation period appliable to the onvition; or where that rehabilitation period ended before the ommenement of this At, after the ommenement of this At, that individual shall for the purposes of this At be treated as a rehabilitated person in respet of the onvition whih shall for those purposes be treated as spent. (2) The onditions referred to in subsetion (1) are that () the individual did not have imposed on him in respet of the onvition a sentene whih is exluded from rehabilitation under this At; and he has not had imposed on him in respet of a subsequent onvition during the rehabilitation period appliable to the original onvition a sentene whih is exluded from rehabilitation under this At; and he has served or otherwise undergone or omplied with any sentene imposed on him in respet of the onvition and has omplied with all onditions, requirements and orders whih are appliable in respet of the deision. AT 6 of 2001 Page 5

6 Setion 2 Rehabilitation of Offenders At Sentenes exluded from rehabilitation [P1974/53/5(1)-(1A)] The sentenes exluded from rehabilitation under this At are () a sentene of ustody for life; a sentene of ustody for a term exeeding 30 months; a sentene of detention during Her Majesty s pleasure passed under setion 8 of the Custody At 1995 (detention of ertain young offenders), and any other sentene is a sentene subjet to rehabilitation under this At. 3 Spent onvitions: offene to publish or broadast (1) Subjet to the following provisions of this setion and to any order under setion 10(1), any person who publishes, or auses or permits to be published; or broadasts, or auses or permits to be broadast, any matter imputing that a rehabilitated person has ommitted or been harged with or proseuted for or onvited of or sentened for an offene whih was the subjet of a spent onvition shall be guilty of an offene and shall be liable on summary onvition to a fine not exeeding 2,500. (2) In proeedings against a person for an offene under subsetion (1) it shall be a defene for him to satisfy the ourt that () (d) (e) the publiation or broadast took plae before the onvition in question beame spent; or the rehabilitated person, or a person whom he reasonably believed to be the rehabilitated person, had given his express onsent to the publiation or broadast; or the publiation or broadast was ordered by a ourt in the Island; or the person took all reasonable steps and exerised all due diligene to avoid ommitting the offene; or the publiation or broadast took plae not less than 30 years after the death of the rehabilitated person. (3) A person shall not be entitled to rely on the defene provided by subsetion (2)(d) by reason of his reliane on information given by another unless he shows that it was reasonable in all the irumstanes for him to have relied on the information, having regard in partiular to the steps whih he took, and those whih might reasonably have been taken, for the purpose of verifying the information, and to whether he had any reason to disbelieve the information. Page 6 AT 6 of 2001

7 Rehabilitation of Offenders At 2001 Setion 4 (4) Where in any proeedings for an offene under subsetion (1) the defene provided by subsetion (2)(d) involves an allegation that the ommission of the offene was due to the at or default of another; or to reliane on information given by another, the person shall not, without the leave of the ourt, be entitled to rely on the defene unless he has served a notie under subsetion (5) on the person bringing the proeedings not less than 7 lear days before the hearing of the proeedings. (5) A notie under this subsetion shall give suh information identifying or assisting in the identifiation of the person who ommitted the at or default, or gave the information, as is in the possession of the person serving the notie at the time he serves it. (6) Subsetion (1) shall not apply in relation to () any report of judiial proeedings ontained in any bona fide series of law reports whih does not form part of any other publiation and onsists solely of reports of proeedings in ourts of law; any report or aount of judiial proeedings published for bona fide eduational, sientifi or professional purposes, or given in the ourse of any leture, lass or disussion given or held for any of those purposes; and any person to whom setion 8(1) applies, but only in respet of offiial reords or information ontained therein whih he has or at any time has had ustody of or aess to. (7) In this setion, broadast means the transmission by wireless telegraphy, or by a teleommuniations system, or by any eletroni media, of words, visual images, sounds or other information whih is apable of being lawfully reeived by members of the publi; or is transmitted for presentation to members of the publi. 4 Effet of rehabilitation on obligations to dislose, et spent onvitions [P1974/53/4(3)-(5)] (1) Any obligation imposed on any person by any rule of law; or by the provisions of any agreement or arrangement, to dislose any matters to any other person shall not extend to requiring him to dislose a spent onvition or any irumstanes anillary to a spent onvition (whether the onvition is his own or another s). (2) Where a question seeking information with respet to a person s previous onvitions, offenes, ondut or irumstanes is put to him or AT 6 of 2001 Page 7

8 Setion 5 Rehabilitation of Offenders At 2001 to any other person otherwise than in proeedings before a judiial authority the question shall be treated as not relating to spent onvitions or to any irumstanes anillary to spent onvitions, and the answer may be framed aordingly; and the person questioned shall not be subjeted to any liability or otherwise prejudied in law by reason of any failure to aknowledge or dislose a spent onvition or any irumstanes anillary to a spent onvition in his answer to the question. (3) A onvition whih has beome spent or any irumstanes anillary thereto, or any failure to dislose a spent onvition or any suh irumstanes, shall not be a proper ground for dismissing or exluding a person from any offie, profession, oupation or employment or for prejudiing him in any way in any oupation or employment. 5 Spent onvitions: dislosure in riminal and ivil proeedings [P1974/53/4(2) and 7(2)-(5)] (1) Notwithstanding any other statutory provision or rule of law to the ontrary, but subjet to subsetions (2) and (3) and to setion 6, no evidene shall be admissible in any proeedings before a judiial authority exerising its jurisdition or funtions in the Island to prove that any person has ommitted or been harged with or proseuted for or onvited of or sentened for any offene whih was the subjet of a spent onvition; and a person shall not, in any suh proeedings, be asked, and, if asked, shall not be required to answer, any question relating to his past whih annot be answered without aknowledging or referring to a spent onvition or spent onvitions or any irumstanes anillary to a spent onvition. (2) Nothing in this At shall prevent the admission or requirement of any evidene, relating to a person s previous onvitions or to irumstanes anillary thereto () in any riminal proeedings before a ourt in the Island (inluding any appeal or referene in a riminal matter); in any proeedings relating to adoption, the marriage of any minor, or to the formation of a ivil partnership by any minor, the exerise of the inherent jurisdition of the High Court with respet to minors or the provision by any person of aommodation, are or shooling for minors; 1 in any proeedings brought under the Children and Young Persons At 2001 (inluding proeedings relating to the variation or disharge of a supervision order under Shedule 9 to that At, or on appeal from any suh proeedings); 2 Page 8 AT 6 of 2001

9 Rehabilitation of Offenders At 2001 Setion 6 (d) in any proeedings in whih he is a party or a witness, if, on the oasion when the admission or requirement of the evidene falls to be determined, he onsents to the admission or requirement of the evidene. (3) If at any stage in any proeedings before a judiial authority in the Island the judiial authority is satisfied, in the light of any onsiderations whih appear to it to be relevant (inluding any evidene whih has been or may thereafter be put before it), that justie annot be done in the ase exept by admitting or requiring evidene relating to a person s spent onvitions or to irumstanes anillary thereto, that authority may admit or, as the ase may be, require the evidene in question. (4) Subsetion (3) does not apply to proeedings referred to in paragraphs to () of subsetion (2) nor speified in any order for the time being in fore under setion 10(1). (5) No order made by a ourt with respet to any person otherwise than on a onvition shall be inluded in any list or statement of that person s previous onvitions given or made to any ourt whih is onsidering how to deal with him in respet of any offene. 6 Setions 4 and 5: supplementary definitions (1) For the purposes of setions 4 and 5, any of the following are irumstanes anillary to a onvition () the offene or offenes whih were the subjet of that onvition; the ondut onstituting that offene or those offenes; and any proess or proeedings preliminary to that onvition, any sentene imposed in respet of that onvition, any proeedings (whether by way of appeal or otherwise) for reviewing that onvition or any suh sentene, and anything done in pursuane of or undergone in ompliane with any suh sentene. (2) For the purposes of setions 4 and 5, proeedings before a judiial authority inludes, in addition to proeedings before any of the ordinary ourts of law, proeedings before any tribunal, body or person having power () by virtue of any statutory provision, law, ustom or pratie; under the rules governing any assoiation, institution, profession, oupation or employment; or under any provision of an agreement providing for arbitration with respet to questions arising thereunder; to determine any question affeting the rights, privileges, obligations or liabilities of any person, or to reeive evidene affeting the determination of any suh question. AT 6 of 2001 Page 9

10 Setion 7 Rehabilitation of Offenders At Rehabilitation periods [P1974/53/5 and 6] (1) For the purposes of this At, the rehabilitation periods shall be determined in aordane with Shedule 1. (2) The Department of Home Affairs may by order amend Shedule 1. 8 Unauthorised dislosure of spent onvitions from offiial reords, et [P1974/53/9] (1) Subjet to the provisions of any order under subsetion (7), any person who, in the ourse of his offiial duties, has or at any time has had ustody of or aess to any offiial reord or the information ontained therein, shall be guilty of an offene if, knowing or having reasonable ause to suspet that any speified information he has obtained in the ourse of those duties is speified information, he disloses it, otherwise than in the ourse of those duties, to another person. (2) Any person guilty of an offene under subsetion (1) shall be liable on summary onvition to a fine not exeeding 2,500. (3) In any proeedings for an offene under subsetion (1) it shall be a defene for the defendant to show that the dislosure was made to the rehabilitated person or to another person at the express request of the rehabilitated person; or 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) Proeedings for an offene under subsetion (1) shall not be instituted exept by or on behalf of the Attorney General. (5) Any person who obtains any speified information from any offiial reord by means of any fraud, dishonesty or bribe shall be guilty of an offene and shall be liable on summary onvition to a fine not exeeding 5,000 or to ustody for a term not exeeding 6 months, or to both. (6) In this setion offiial reord means a reord kept for the purposes of its funtions by any ourt, polie fore, department, statutory board, loal or other publi authority in the Island, or a reord kept, in the Island or elsewhere, for the purposes of any of Her Majesty s fores, being in either ase a reord ontaining information about persons onvited of offenes; speified information means information imputing that a named or otherwise identifiable rehabilitated living person has ommitted or been harged with or proseuted for or onvited of or sentened for any offene whih is the subjet of a spent onvition. Page 10 AT 6 of 2001

11 Rehabilitation of Offenders At 2001 Setion 9 (7) The Department of Home Affairs may by order make suh provision as appears to it to be appropriate for exepting the dislosure of speified information derived from an offiial reord from the provisions of subsetion (1) in suh ases or lasses of ase as may be speified in the order. 9 Offenes by bodies orporate (1) Where an offene under this At ommitted by a body orporate is proved to have been ommitted with the onsent or onnivane of, or to be attributable to neglet on the part of, a diretor, manager, seretary or other similar offier of the body orporate or a person who was purporting to at in suh a apaity, he, as well as the body orporate, is guilty of the offene and liable to be proeeded against and punished aordingly. (2) Where the affairs of a body orporate are managed by its members, subsetion (1) applies in relation to the ats and defaults of a member in onnetion with his funtions of management as if he were a diretor of the body orporate. (3) For the purposes of subsetion (1), body orporate inludes a limited liability ompany onstituted under the Limited Liability Companies At 1996 and, in relation to suh a ompany, any referene to a diretor, or other offier of a body orporate is a referene to a member and to the ompany s manager and registered agent. 10 Orders (1) The Department of Home Affairs may by order make suh provisions as seems to it appropriate for exluding or modifying the appliation of setions 3(1), 4 or 5(1) in relation to suh questions, ases, irumstanes or proeedings as may be speified in the order; provide for suh exeptions from the provisions of setions 3(1), 4 or 5(1) as seem to it appropriate; () apply the provisions of this At to sentenes imposed in servie disiplinary proeedings subjet to suh exeptions, adaptations and modifiations as may be speified. (2) An order under any provision of this At, exept setion 14(2), shall not ome into operation unless it is approved by Tynwald. 11 Interpretation (1) In this At ustody means imprisonment, ustody or detention and inludes penal servitude; AT 6 of 2001 Page 11

12 Setion 11 Rehabilitation of Offenders At 2001 rehabilitation period means the period appliable under setion 7 and Shedule 1; servie disiplinary proeedings means any of the following any proeedings under the Army At 1955, theair Fore At 1955, or the Naval Disipline At 1957 (whether before a ourt-martial or before any other ourt or person authorised thereunder to award a punishment in respet of any offene); () (d) any proeedings under any At previously in fore orresponding to any of the Ats mentioned in paragraph ; any proeedings before a Standing Civilian Court established under the Armed Fores At 1976 (an At of Parliament); any proeedings under any orresponding statutory provision or law applying to a fore, other than a home fore, to whih setion 4 of the Visiting Fores (British Commonwealth) At 1933 (an At of Parliament) applies or applied at the time of the proeedings, being proeedings in respet of a member of a home fore who is or was at that time attahed to the first-mentioned fore under that setion; whether in any event those proeedings take plae in the Island or elsewhere; spent onvition means a spent onvition for the purposes of this At. (2) In this At sentene inludes any order made by a ourt in dealing with a person in respet of his onvition of any offene or offenes, other than an order for ommittal or any other order made in default of payment of any fine or other sum adjudged to be paid by or imposed on a onvition; an order dealing with a person in respet of a suspended sentene of ustody. (3) In this At, referenes to a onvition, however expressed, inlude referenes to a onvition by or before a ourt outside the Island; and to any finding (other than a finding linked with a finding of insanity) in any riminal proeedings or in are proeedings under setion 53 of the Children and Young Persons At 1966 that a person has ommitted an offene or done the at or made the omission harged; and notwithstanding anything in setion 9 of the Criminal Justie At 1963 (onvition of a person put on probation or disharged to be deemed not to be a onvition) a onvition in respet of whih an order is made plaing the person onvited on probation or disharging him absolutely or onditionally shall be treated as a onvition for the purposes of this Page 12 AT 6 of 2001

13 Rehabilitation of Offenders At 2001 Setion 12 At and aordingly the person in question may beome a rehabilitated person in respet of that onvition and the onvition a spent onvition. (4) In this At, referenes to any sentene under an enatment are to be onstrued as inluding referenes to any sentene previously in fore orresponding to that sentene. 12 Civil remedies This At shall not be onstrued as onferring any right of ation in ivil proeedings in respet of any publiation, broadast or dislosure made in ontravention of this At. 13 Amendments The enatments speified in Shedule 2 are amended in aordane with that Shedule. 14 Citation and ommenement (1) This At may be ited as the Rehabilitation of Offenders At (2) This At shall ome into operation on suh day as the Department of Home Affairs may by order appoint. 3 AT 6 of 2001 Page 13

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15 Rehabilitation of Offenders At 2001 Shedule 1 SCHEDULE 1 REHABILITATION PERIODS Setion 7 PART 1 - REHABILITATION PERIOD APPLICABLE TO A CONVICTION 1. Where only one sentene is imposed in respet of a onvition (not being a sentene exluded from rehabilitation under this At) the rehabilitation period appliable to the onvition is, subjet to the provisions of this Part, the period appliable to the sentene in aordane with Part Where more than one sentene is imposed in respet of a onvition (whether or not in the same proeedings) and none of the sentenes imposed is exluded from rehabilitation under this At, then, subjet to the provisions of this Part, if the periods appliable to those sentenes in aordane with Part 2 differ, the rehabilitation period appliable to the onvition shall be the longer or the longest (as the ase may be) of those periods. 3. Without prejudie to paragraph 2, where in respet of a onvition a person was onditionally disharged or plaed on probation and after the end of the rehabilitation period appliable to the onvition under paragraph 1 or 2 he is dealt with, in onsequene of a breah of onditional disharge or probation, for the offene for whih the order for onditional disharge or probation order was made, then, if the rehabilitation period appliable to the onvition in aordane with paragraph 2 (taking into aount any sentene imposed when he is so dealt with) ends later than the rehabilitation period previously appliable to the onvition, he shall be treated for the purposes of this At as not having beome a rehabilitated person in respet of that onvition, and the onvition shall for those purposes be treated as not having beome spent, in relation to any period falling before the end of the new rehabilitation period. 4. Subjet to paragraph 5, where during the rehabilitation period appliable to a onvition, the person onvited is onvited of a further offene; and no sentene exluded from rehabilitation under this At is imposed on him in respet of the later onvition, if the rehabilitation period appliable to either of the onvitions would end earlier than the period appliable in relation to the other, the rehabilitation period whih would end the earlier shall be extended so as to end at the same time as the other rehabilitation period. AT 6 of 2001 Page 15

16 Shedule 1 Rehabilitation of Offenders At Where the rehabilitation period appliable to a onvition is the rehabilitation period appliable in aordane with paragraph 12 to an order imposing on a person any disqualifiation, disability, prohibition or other penalty, the rehabilitation period appliable to another onvition shall not by virtue of paragraph 4 be extended by referene to that period; but if any other sentene is imposed in respet of the firstmentioned onvition for whih a rehabilitation period is presribed by any other provision of Part 2, the rehabilitation period appliable to another onvition shall, where appropriate, be extended under paragraph 4 by referene to the rehabilitation period appliable in aordane with that Part to that sentene or, where more than one suh sentene is imposed, by referene to the longer or longest of the periods so appliable to those sentenes, as if the period in question were the rehabilitation period appliable to the first-mentioned onvition. 6. (1) For the purposes of paragraph 4 there shall be disregarded any onvition in the Island of a summary offene presribed under sub-paragraph (2); and any onvition by or before a ourt outside the Island of an offene in respet of ondut whih, if it had taken plae in the Island, would not have onstituted an offene under the law in fore in the Island. (2) The Department of Home Affairs may by order presribe summary offenes for the purposes of sub-paragraph (1). PART 2 REHABILITATION PERIODS FOR PARTICULAR SENTENCES 7. The rehabilitation period appliable to a sentene speified in olumn 1 of the Table is the period speified in olumn 2 of that Table in relation to that sentene, or, where the sentene was imposed on a person who was under 17 years of age at the date of his onvition, half that period rekoned from the date of the onvition in respet of whih the sentene was imposed. Page 16 AT 6 of 2001

17 Rehabilitation of Offenders At 2001 Shedule 1 TABLE REHABILITATION PERIODS SUBJECT TO REDUCTION BY HALF FOR PERSONS UNDER 17 Sentene Rehabilitation period A sentene of ustody for a term not exeeding 6 months. 7 years. A sentene of ustody for a term exeeding 6 months but not 8 years. exeeding 12 months. A sentene of ustody for a term exeeding 12 months but not 9 years. exeeding 18 months. A sentene of ustody for a term exeeding 18 months but not 10 years. exeeding 30 months. A fine or any other sentene subjet to rehabilitation under this 5 years. At, not being a sentene to whih any of paragraphs 8 to 13 applies. 8. The rehabilitation period appliable to an order disharging a person absolutely for an offene shall be 6 months from the date of onvition. 9. (1) Where in respet of a onvition a sentene to whih this paragraph applies is imposed, the rehabilitation period appliable to the sentene shall be one year from whihever is the longer. the date of onvition; or a period beginning with that date and ending when the sentene eases or eased to have effet, (2) Sub-paragraph (1) applies to the following sentenes () (d) (e) (f) an order for onditional disharge; a reognisane to keep the peae or be of good behaviour; a probation order; a urfew order; an attendane entre order; a reparation order. 10. Where in respet of a onvition any of the following sentenes was imposed, that is to say an order under setion 50 of the Children and Young Persons At 1966; any other are order under the Children and Young Persons Ats 1966 to 1990; AT 6 of 2001 Page 17

18 Shedule 1 Rehabilitation of Offenders At 2001 () a supervision order under any provision of the Children and Young Persons Ats 1966 to 1990 or the Custody At 1995 or under Shedule 9 to the Children and Young Persons At 2001; 4 the rehabilitation period appliable to the sentene shall be one year from the date of onvition or a period beginning with that date and ending when the order or requirement eases or eased to have effet, whihever is the longer. 11. Where in respet of a onvition a hospital order under Part 3 of the Mental Health At 1998 (with or without a restrition order) was made, the rehabilitation period appliable to the sentene shall be the period of 5 years from the date of onvition or a period beginning with that date and ending 2 years after the date on whih the hospital order eases or eased to have effet, whihever is the longer. 12. Where in respet of a onvition an order was made imposing on the person onvited any disqualifiation, disability, prohibition or other penalty, the rehabilitation period appliable to the sentene shall be a period beginning with the date of onvition and ending on the date on whih the disqualifiation, disability, prohibition or penalty (as the ase may be) eases or eased to have effet. 13. For the purposes of this Shedule () onseutive terms of ustody and terms whih are wholly or partly onurrent (being terms of ustody or detention imposed in respet of offenes of whih a person was onvited in the same proeedings) shall be treated as a single term; no aount shall be taken of any subsequent variation, made by a ourt in dealing with a person in respet of a suspended sentene of ustody, of the term originally imposed; and a sentene imposed by a ourt outside the Island shall be treated as a sentene of that one of the desriptions mentioned in this Part whih most nearly orresponds to the sentene imposed. 14. Referenes in this Part to the period during whih a probation order, or a are order or supervision order under the Children and Young Persons Ats 1966 to 1990 or the Custody At 1995 or under Shedule 9 to the Children and Young Persons At 2001 is or was in fore inlude referenes to any period during whih any order or requirement to whih this paragraph applies, being an order or requirement made or imposed diretly or indiretly in substitution for the first-mentioned order or requirement, is or was in fore. 5 Page 18 AT 6 of 2001

19 Rehabilitation of Offenders At 2001 Shedule 2 SCHEDULE 2 AMENDMENTS Setion 13 [Sh 2 amends the following Ats Road Traffi Regulation At 1985 q.v. Wildlife At 1990 q.v.] AT 6 of 2001 Page 19

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21 Rehabilitation of Offenders At 2001 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 Para substituted by Children and Young Persons At 2001 Sh 12 and amended by Civil Partnership At 2011 Sh Para () substituted by Children and Young Persons At 2001 Sh ADO (whole At) 21/6/2001 (SD316/01). 4 Subpara () amended by Children and Young Persons At 2001 Sh Para 14 amended by Children and Young Persons At 2001 Sh 12. AT 6 of 2001 Page 21