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Rehabilitation of Offenders Act 1974

Justice written question – answered on 19th October 2012.

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Photo of Madeleine Moon Madeleine Moon Labour, Bridgend

To ask the Secretary of State for Justice what definition his Department uses for (a) reprimand, (b) severe reprimand and (c) demotion under the Rehabilitation of Offenders Act 1974 where these are handed down as punishments following a military summary hearing; and if he will make a statement.

Photo of Helen Grant Helen Grant The Parliamentary Under-Secretary of State for Women and Equalities

The Rehabilitation of Offenders Act 1974 (ROA) does not define the terms ‘reprimand’, ‘severe reprimand' and ‘demotion'. These terms originate in the relevant Armed Forces legislation. The Armed Forces Act 2006 governs how these disposals are treated under the ROA.

Where there is doubt over whether a particular disposal falls under a provision of the ROA then determination of this is a matter for the courts. Under current legislation where a disposal is not otherwise dealt within the ROA, then it falls to be considered under the last entry of Table A in section 5(2) which imposes a rehabilitation period of five years.

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