This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.
Who is it issued by and how can I contact them?
Issued by the court – contact the relevant court.
Does it involve guilt?
Yes
Is it recorded on the Police National Computer (PNC)?
Yes
Is it classed as a conviction?
Yes
How long will it be on my record?
It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.
When does it become spent?
The rehabilitation periods for extended sentences are quite complicated as there are effectively 3 rules:
- Extended sentences with a conviction date before 4 April 2005 the rehabilitation period is calculated in line with the length of the sentence.
- Extended sentences with a conviction date between 4 April 2005 and 2 December 2012 will never be spent if the offence was committed on or after 4 April 2005. Therefore, where an extended sentence or licence has a conviction date between 4 April 2005 and 2 December 2012 the date the offence was committed will need to be established.*
- Extended sentences with a conviction date on or after 3 December 2012 are all excluded from rehabilitation and will never be spent.
* The Police National Computer (PNC) doesn’t state the date that an offence was committed and the DBS will need to contact the local police force to establish this. If the information is not available, they will use the conviction date.
When do I have to declare it?
You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you’ll need to declare it, when asked, to employers, insurers and others.
Is it disclosed on DBS checks?
Yes, it will be disclosed on both standard and enhanced checks. Once it becomes spent, it won’t be disclosed on a basic check.
Additional information
Extended Determinate Sentence (EDS)
If the court assesses an individual to be dangerous, they may be sentenced to an extended sentence. The extended sentence is a determinate sentence comprising a custodial term plus an extended period on licence.
The extra period on licence in the community will be determined by the judge based on the ‘length of time considered necessary for the purposes of protecting members of the public from serious harm’. The period should not exceed 5 years for a specified violent offence and 8 years for a specified sexual offence. The total of the custodial term and the extended licence must not exceed the maximum penalty for the offence.
- The individual has been convicted of a specified offence (a sexual or violent offence listed in Schedule 15 of the Criminal Justice Act 2003) whether the offence was committed before or after this section came into force;
- The court considers that the individual presents a substantial risk of causing serious harm through re-offending by committing a further specified offence. The “significant risk” test is the same as the test for IPP and therefore they must meet the dangerousness threshold;
- The court is not required to impose a sentence of imprisonment for life, and
- Condition A or B is met.
Condition A: at the time the offence was committed the individual had been convicted of a sexual or violent offence listed in Schedule 15B of the CJA 2003.
Condition B: that the current offence merits a determinate sentence of at least 4 years.
Under the pre 3 December 2012 arrangements, release from an extended sentence under the Criminal Justice Act 2003 is at the half way point of the custodial sentence.
For the new EDS (under section 124 of the LASPO Act 2012), release will normally be at the two thirds point of the custodial sentence, unless the custodial sentence is 10 years or more, or the sentence is imposed for an offence listed in Schedule 15B of the CJA 2003, when the case must be referred at the two thirds point to the Parole Board, who will consider whether it is no longer necessary for the protection of the public for the individual to be detained.
Extended Sentence for Public Protection (EPP)
This type of sentence was introduced in April 2005 by the Criminal Justice Act 2003. It was replaced by Extended Determinate Sentence in December 2012 (see above).
For an EPP to be imposed, your offence would need to have been committed on or after 4 April 2005 and you would need to have been convicted of that offence before 3 December 2012.
If you were sentenced to an EPP before 14 July 2008 you will be subject to Parole at the halfway point of your custodial period. If you’re not released on Parole you will be released automatically at the end of the custodial period.
If you were sentenced to an EPP on or after 14 July 2008, you will be automatically released at the halfway point of your custodial sentence.
After release you will be subject to licence until the end of what is left of the custodial period plus the extended period.
If you breach the conditions of your licence, you may be recalled to prison.
This page was last updated in January 2025.
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