(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

5committing the penalty offence, or penalty offences, to which the

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) 10The Secretary of State may by regulations—

(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) 15make provision for and in connection with the disclosure, for

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) 20the chief officer of police who established the scheme,

and

(iii) any other person specified or described in the

regulations;

(c) make provision about the use of relevant personal

25information for that purpose;

(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

30given a penalty notice with an education option.

(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

35penalty offence—

(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) 40otherwise relating to a railway.

(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) 45Section 3 (amount of penalty and form of penalty notice) is amended as

follows.

(2) Omit subsection (1A) (Secretary of State may specify different penalties for

persons of different ages).

(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) 5Omit subsections (5) and (6) (provision relating to orders under that section).

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) 10In the case of a penalty notice with an education option, a sum equal

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

15period, A does not—

(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) 20This subsection applies if—

(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

25subsection (9)—

(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) 30as to the time by which A is required to do each of the things

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) 35allowing A to request an extension of the time to do the

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

40extensions of time (including provision allowing the

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

45being granted (including provision specifying circumstances

in which a chief officer of police may require a course fee to

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

5determine what those consequences are and on what basis);

(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

10circumstances have arisen and how that should be

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) 15In subsection (1) for “until the end of” substitute “during”.

(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

20an approved educational course relating to the offence, unless

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

25section 4(9), an approved educational course relating to the

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) 30about educational course schemes;”.

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) 35After subsection (6) insert—

“(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.”

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

5under this Chapter is exercisable by statutory instrument.

(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) 10power to make incidental, supplementary, consequential,

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

15approved by a resolution of, each House of Parliament.

(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

20resolution of either House of Parliament.”

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) 25After the definition of “defaulter” insert—

• ““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
  
  30given in section 2(4);”.

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) 35The Police Reform Act 2002 is amended as follows.

(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) 40In paragraph 1 of Schedule 4 (community support officers’ powers to issue

fixed penalty notices) in sub-paragraph (2)(a) omit “in uniform and of an

authorised constable”.

(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 5In consequence of the amendments made by paragraphs 3 and 5 of this

Schedule, omit section 87 of the Anti-social Behaviour Act 2003.

Section 109

SCHEDULE 15 Youth cautions: consequential amendments

Rehabilitation of Offenders Act 1974 (c. 53)1974 (c. 53)

1 10The Rehabilitation of Offenders Act 1974 is amended as follows.

2 In section 8A(2) (meaning of “caution”)—

(a) omit paragraph (c), and

(b) in paragraph (d)—

(i) omit “, reprimand or warning”, and

(ii) 15for “paragraphs (a) to (c)” substitute “paragraph (a) or (b)”.

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

20under section 66ZA”, and

(b) for “66(2)” substitute “66ZB(2) or (3)”.

Police and Criminal Evidence Act 1984 (c. 60)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

25may be taken or person may be reprimanded or warned), for the words from

“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”

30substitute “youth caution under section 66ZA”.

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) 35for “or” at the end of paragraph (b) substitute “and”, and

(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.

(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) 5omit paragraph (c) and the “and” at the end of that paragraph.

(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

10offence)—

(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

15offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit

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

20offence 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) for “, caution or warning or reprimand”

substitute “or caution”.

(3) 25In paragraph 11 (attendance for taking of non-intimate sample: persons

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”

30substitute “or caution”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)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) 35for “or” at the end of paragraph (i) substitute “and”, and

(b) omit paragraph (ii) and the “and” at the end of that paragraph.

Jobseekers Act 1995 (c. 18)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

40paragraph.

Crime and Disorder Act 1998 (c. 37)1998 (c. 37)

14 The Crime and Disorder Act 1998 is amended as follows.

15 In section 38(4) (meaning of “youth justice services”)—

(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) 5in paragraph (b) for “66(2)” substitute “66ZB(2) or (3)”.

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) 10youth caution” has the meaning given by section

66ZA(1);”.

17 In section 121(6) (provisions extending to Scotland) omit paragraph (c).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

18 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

19 15In section 12(2) (which makes the provision for conditional discharge in that

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.

20Terrorism Act 2000 (c. 11)2000 (c. 11)

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 25In paragraph 20F(3) (persons to be treated as having been convicted of an

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)2000 (c. 43)

24 In section 56 of the Criminal Justice and Court Services Act 2000 (young

30offenders: reprimands and warnings) omit subsection (1).

Sexual Offences Act 2003 (c. 42)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.

35Criminal Justice Act 2003 (c. 44)2003 (c. 44)

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.

Childcare Act 2006 (c. 21)2006 (c. 21)

27 In section 75(6) of the Childcare Act 2006 (disqualification from registration:

interpretation) omit the definition of “caution”.

Criminal Justice and Immigration Act 2008 (c. 4)2008 (c. 4)

28 (1) 5The Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b)

and the “and” preceding that paragraph.

(3) In Schedule 9 (alternatives to prosecution for persons under 18) omit

paragraph 2.

10Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)

29 In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as

having been convicted of an offence for the purposes of section 18(3B) and

(3C)), omit paragraph (b) and the “or” preceding that paragraph.

Section 113

SCHEDULE 16 15Knives and offensive weapons: minor and consequential amendments

Prevention of Crime Act 1953 (c. 14)1953 (c. 14)

1 In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not

extend to Northern Ireland” substitute “extends to England and Wales”.

Criminal Justice Act 1988 (c. 33)1988 (c. 33)

2 20In section 172(3) of the Criminal Justice Act 1988 (provisions extending to

Northern Ireland) for “sections 139 to 139B” substitute—

• “section 139;

• section 139A;

• section 139B;”.

25Criminal Justice Act 2003 (c 44)2003 (c 44)

3 (1) Section 144 of the Criminal Justice Act 2003 (reduction in sentences for early

guilty pleas) is amended as follows.

(2) In subsection (2)—

(a) for “subsection (2) of section 110 or 111 of the Sentencing Act”

30substitute “a provision mentioned in subsection (3)”;

(b) for “that subsection” in each place substitute “that provision”.

(3) After that subsection insert—

“(3) The provisions referred to in subsection (2) are—

• section 1A(6) of the Prevention of Crime Act 1953;

• 35section 110(2) of the Sentencing Act;

Legal Aid, Sentencing and Punishment of Offenders BillPage 188

• section 111(2) of the Sentencing Act;

• section 139AA(9) of the Criminal Justice Act 1988.”