Legal Aid, Sentencing and Punishment of Offenders Bill

Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Penalty notices for disorderly behaviour
179

(ii)
to be refunded in such circumstances (if any) as the
chief officer considers appropriate.
(3)
The purpose of an educational course mentioned in subsection (2)
must be to reduce the likelihood of those who take the course
committing the penalty offence, or penalty offences, to which the
5
course relates.
(4)
An educational course may be provided by any person who, and
have any content that, the chief officer of police considers
appropriate given its purpose.
(5)
The Secretary of State may by regulations—
10
(a)
provide that the fee mentioned in subsection (2)(b) may not
be—
(i)
less than an amount specified in the regulations, or
(ii)
more than an amount so specified;
(b)
make provision for and in connection with the disclosure, for
15
the purpose of running an educational course scheme, of
relevant personal information between—
(i)
a person who is involved in the provision of an
educational course under the scheme,
(ii)
the chief officer of police who established the scheme,
20
and
(iii)
any other person specified or described in the
regulations;
(c)
make provision about the use of relevant personal
information for that purpose;
25
(d)
place restrictions on the disclosure or use of relevant personal
information.
(6)
In subsection (5) “relevant personal information” means any
information that relates to, and identifies, a person who has been
given a penalty notice with an education option.
30
(7)
In this section’s application in relation to the Chief Constable of the
British Transport Police Force, subsection (1) has effect as if the
reference to one or more kinds of penalty offence committed in a
chief officer of police’s area were a reference to one or more kinds of
penalty offence—
35
(a)
committed at, or in relation to, any of the places mentioned in
section 31(1)(a) to (f) of the Railways and Transport Safety
Act 2003 (places where a constable of the British Transport
Police Force has the powers of a constable), or
(b)
otherwise relating to a railway.
40
(8)
In subsection (7) “railway” means—
(a)
a railway within the meaning given by section 67(1) of the
Transport and Works Act 1992 (interpretation), or
(b)
a tramway within the meaning given by that section.”
5     (1)
Section 3 (amount of penalty and form of penalty notice) is amended as
45
follows.
      (2)
Omit subsection (1A) (Secretary of State may specify different penalties for
persons of different ages).

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Penalty notices for disorderly behaviour
180

      (3)
After subsection (3) insert—
“(3A)
The Secretary of State may by regulations require information in
addition to that mentioned in subsection (3) to be included in, or to
be provided with, a penalty notice with an education option.”
      (4)
Omit subsections (5) and (6) (provision relating to orders under that section).
5
6     (1)
Section 4 (effect of penalty notice) is amended as follows.
      (2)
In subsection (5) for “If” substitute “In the case of a penalty notice that is not
a penalty notice with an education option, if”.
      (3)
After subsection (5) insert—
“(6)
In the case of a penalty notice with an education option, a sum equal
10
to one and a half times the amount of the penalty may be registered
under section 8 for enforcement against A as a fine if subsection (7)
or (8) applies.
(7)
This subsection applies if, by the end of the suspended enforcement
period, A does not—
15
(a)
ask to attend an approved educational course relating to the
offence to which the notice relates,
(b)
pay the penalty, or
(c)
request to be tried.
(8)
This subsection applies if—
20
(a)
A has asked, by the end of the suspended enforcement
period, to attend an approved educational course of the kind
mentioned in subsection (7)(a), and
(b)
A does not, in accordance with regulations made under
subsection (9)—
25
(i)
pay the course fee,
(ii)
start such a course, or
(iii)
complete such a course.
(9)
The Secretary of State may by regulations make provision—
(a)
as to the time by which A is required to do each of the things
30
mentioned in subsection (8)(b)(i) to (iii) (including provision
allowing those times to be specified by a chief officer of police
for the purposes of an educational course scheme established
by that officer);
(b)
allowing A to request an extension of the time to do the
35
things mentioned in subsection (8)(b)(i) to (iii) (including
provision as to who should determine such a request and on
what basis);
(c)
as to the procedure to be followed in relation to requests for
extensions of time (including provision allowing the
40
procedure to be determined by a chief officer of police for the
purposes of an educational course scheme established by that
officer);
(d)
as to the consequences of a request for an extension of time
being granted (including provision specifying circumstances
45
in which a chief officer of police may require a course fee to

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Penalty notices for disorderly behaviour
181

be paid again in order to avoid a sum being registered for
enforcement as a fine under section 8);
(e)
as to the consequences of A failing to attend a course that A
has arranged to attend (including provision as to who should
determine what those consequences are and on what basis);
5
(f)
specifying circumstances in which A is, for the purposes of
this Chapter, to be regarded as having completed, or having
not completed, an approved educational course (including
provision as to who should determine whether those
circumstances have arisen and how that should be
10
determined).
(10)
Regulations made under subsection (9)(b), (e) or (f) may permit a
person to delegate the function of making a determination.”
7     (1)
Section 5 (general restriction on proceedings) is amended as follows.
      (2)
In subsection (1) for “until the end of” substitute “during”.
15
      (3)
After subsection (2) insert—
“(2A)
Proceedings for an offence to which a penalty notice with an
education option relates may not be brought against a person who
has, by the end of the suspended enforcement period, asked to attend
an approved educational course relating to the offence, unless
20
section 4(8) applies.
(2B)
If the person to whom a penalty notice with an education option is
given—
(a)
completes, in accordance with regulations made under
section 4(9), an approved educational course relating to the
25
offence to which the notice relates, and
(b)
pays the course fee in accordance with those regulations,

no proceedings may be brought for the offence.”
8
In section 6 (Secretary of State’s guidance) after paragraph (b) insert—
“(ba)
about educational course schemes;”.
30
9
In section 8(4) (registration certificates) after “section 4(5)” insert “or (6)”.
10    (1)
Section 10 (enforcement of fines) is amended as follows.
      (2)
In subsection (6) for “If” substitute “Subject to any regulations made under
subsection (7), if”.
      (3)
After subsection (6) insert—
35
“(7)
The Secretary of State may by regulations make provision as to the
directions that the court may, or must, give or the orders it may, or
must, make if it sets aside a fine relating to a sum registered under
section 8 on the basis that section 4(8) applies.”

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 14 — Penalty notices for disorderly behaviour
182

11
After section 10 insert—
“Orders and regulations
10A
Orders and regulations under Chapter 1
(1)
Any power of the Secretary of State to make an order or regulations
under this Chapter is exercisable by statutory instrument.
5
(2)
Any power of the Secretary of State to make an order or regulations
under this Chapter includes—
(a)
power to make different provision for different cases,
circumstances or areas, and
(b)
power to make incidental, supplementary, consequential,
10
transitional or transitory provision or savings.
(3)
The Secretary of State may not make an order under section 1(2)
unless a draft of the statutory instrument containing the order
(whether alone or with other provisions) has been laid before, and
approved by a resolution of, each House of Parliament.
15
(4)
A statutory instrument that contains an order or regulations made
under this Chapter and is not subject to any requirement that a draft
of the instrument be laid before, and approved by a resolution of,
both Houses of Parliament, is subject to annulment in pursuance of a
resolution of either House of Parliament.”
20
12    (1)
Section 11 (interpretation of Chapter 1) is amended as follows.
      (2)
Before the definition of “chief officer of police” insert—
““approved educational course” has the meaning given in
section 2(4);”.
      (3)
After the definition of “defaulter” insert—
25
““educational course scheme” has the meaning given in section
2(4);”.
      (4)
After the definition of “penalty notice” insert—
““penalty notice with an education option” has the meaning
given in section 2(4);”.
30
Consequential amendments
13
In section 64A of the Police and Criminal Evidence Act 1984 (photographing
of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place
those words appear.
14    (1)
The Police Reform Act 2002 is amended as follows.
35
      (2)
In section 43(7) (railway safety accreditation schemes: Secretary of State
power to give an accredited person the powers of a constable in uniform, or
an authorised constable, to issue fixed penalty notices) omit “in uniform and
of an authorised constable”.
      (3)
In paragraph 1 of Schedule 4 (community support officers’ powers to issue
40
fixed penalty notices) in sub-paragraph (2)(a) omit “in uniform and of an
authorised constable”.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 15 — Youth cautions: consequential amendments
183

      (4)
In paragraph 1 of Schedule 5 (accredited persons’ powers to issue fixed
penalty notices) in sub-paragraph (2)(aa) omit “in uniform”.
      (5)
In paragraph 1 of Schedule 5A (accredited inspectors’ powers to issue fixed
penalty notices) in sub-paragraph (2) omit “in uniform”.
15
In consequence of the amendments made by paragraphs 3 and 5 of this
5
Schedule, omit section 87 of the Anti-social Behaviour Act 2003.
Schedule 15
Section 109

Youth cautions: consequential amendments
Rehabilitation of Offenders Act 1974 (c. 53)
1
The Rehabilitation of Offenders Act 1974 is amended as follows.
10
2
In section 8A(2) (meaning of “caution”)—
(a)
omit paragraph (c), and
(b)
in paragraph (d)—
(i)
omit “, reprimand or warning”, and
(ii)
for “paragraphs (a) to (c)” substitute “paragraph (a) or (b)”.
15
3
In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning
of “ancillary circumstances”: things done in connection with a rehabilitation
programme)—
(a)
for “warning under section 65” substitute “youth caution given
under section 66ZA”, and
20
(b)
for “66(2)” substitute “66ZB(2) or (3)”.
Police and Criminal Evidence Act 1984 (c. 60)
4
The Police and Criminal Evidence Act 1984 is amended as follows.
5
In section 34(5)(b) (requirement to release without bail unless proceedings
may be taken or person may be reprimanded or warned), for the words from
25
“reprimanded” to “65” substitute “given a youth caution under section
66ZA”.
6
In section 37B(9)(b) (consultation with Director of Public Prosecutions:
meaning of “caution”), for “warning or reprimand under section 65”
substitute “youth caution under section 66ZA”.
30
7     (1)
Section 61 (fingerprinting) is amended as follows.
      (2)
In subsection (6) (power to fingerprint without consent in case of conviction
etc for recordable offence)—
(a)
at the end of paragraph (a) insert “or”,
(b)
for “or” at the end of paragraph (b) substitute “and”, and
35
(c)
omit paragraph (c) and the “and” at the end of that paragraph.
      (3)
In subsection (6ZA)(a) (conditions for application of subsection (6)), for “,
cautioned or warned or reprimanded” substitute “or cautioned”.
8     (1)
Section 63 (non-intimate samples) is amended as follows.

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 15 — Youth cautions: consequential amendments
184

      (2)
In subsection (3B) (power to take non-intimate sample without consent in
case of conviction etc for recordable offence)—
(a)
at the end of paragraph (a) insert “or”,
(b)
for “or” at the end of paragraph (b) substitute “and”, and
(c)
omit paragraph (c) and the “and” at the end of that paragraph.
5
      (3)
In subsection (3BA)(a) (conditions for application of subsection (3B)), for “,
cautioned or warned or reprimanded” substitute “or cautioned”.
9
In section 64ZC(6)(a) (destruction of data relating to a person subject to a
control order: persons to be treated as having been convicted of an
offence)—
10
(a)
for “or” at the end of sub-paragraph (i) substitute “and”, and
(b)
omit sub-paragraph (ii) and the “and” at the end of that sub-
paragraph.
10
In section 64ZI(3) (persons to be treated as having been convicted of an
offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit
15
paragraph (b) and the “or” preceding that paragraph.
11    (1)
Schedule 2A (fingerprinting and samples: power to require attendance at
police station) is amended as follows.
      (2)
In paragraph 3 (attendance for fingerprinting: persons convicted etc of an
offence in England and Wales)—
20
(a)
in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded”
substitute “or cautioned”, and
(b)
in sub-paragraph (5) for “, caution or warning or reprimand”
substitute “or caution”.
      (3)
In paragraph 11 (attendance for taking of non-intimate sample: persons
25
convicted etc of an offence in England and Wales)—
(a)
in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded”
substitute “or cautioned”, and
(b)
in sub-paragraph (5)(a) for “, caution or warning or reprimand”
substitute “or caution”.
30
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
12
In Article 64ZC(6)(a) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (persons to be treated as having been convicted of an offence for
the purposes of paragraph (1))—
(a)
for “or” at the end of paragraph (i) substitute “and”, and
35
(b)
omit paragraph (ii) and the “and” at the end of that paragraph.
Jobseekers Act 1995 (c. 18)
13
In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the
purposes of section 20C) omit paragraph (b) and the “or” preceding that
paragraph.
40
Crime and Disorder Act 1998 (c. 37)
14
The Crime and Disorder Act 1998 is amended as follows.
15
In section 38(4) (meaning of “youth justice services”)—

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 15 — Youth cautions: consequential amendments
185

(a)
for paragraph (aa) substitute—
“(aa)
the provision of assistance to persons determining
whether youth cautions should be given under
section 66ZA below;”, and
(b)
in paragraph (b) for “66(2)” substitute “66ZB(2) or (3)”.
5
16
In section 66H (interpretation)—
(a)
in paragraph (a) (definition of “appropriate adult”) for “65(7)”
substitute “66ZA(7)”, and
(b)
after paragraph (e) insert—
“(ea)
“youth caution” has the meaning given by section
10
66ZA(1);”.
17
In section 121(6) (provisions extending to Scotland) omit paragraph (c).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
18
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
19
In section 12(2) (which makes the provision for conditional discharge in that
15
section subject to section 66(4) of the Crime and Disorder Act 1998)—
(a)
for “66(4)” substitute “66ZB(6)”, and
(b)
for “reprimands and warnings” substitute “youth cautions”.
20
In Schedule 9 (consequential amendments) omit paragraph 198.
Terrorism Act 2000 (c. 11)
20
21
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
22
In paragraph 14F(3) (persons to be treated as having been convicted of an
offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and
the “or” preceding that paragraph.
23
In paragraph 20F(3) (persons to be treated as having been convicted of an
25
offence for the purposes of paragraphs 20B to 20E) omit “, or has been
warned or reprimanded,”.
Criminal Justice and Court Services Act 2000 (c. 43)
24
In section 56 of the Criminal Justice and Court Services Act 2000 (young
offenders: reprimands and warnings) omit subsection (1).
30
Sexual Offences Act 2003 (c. 42)
25
In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in
the definition of “cautioned” omit paragraph (b) and the “or” preceding that
paragraph.
Criminal Justice Act 2003 (c. 44)
35
26
In section 327B(9) of the Criminal Justice Act 2003 (meaning of “cautioned”
for the purposes of that section) omit paragraph (b) and the “or” preceding
that paragraph.