(b) ensuring that the relevant foreign offender does not
return to the United Kingdom for a period of time.

(3F) If a relevant foreign offender is given a conditional caution with
a condition attached to it with the object of ensuring that the
5offender does not return to the United Kingdom for a period of
time, the expiry of that period does not of itself give rise to any
right on the part of the offender to return to the United
Kingdom.

(3G) In this section “relevant foreign offender” means—

(a) 10an offender directions for whose removal from the
United Kingdom have been, or may be, given under—

(i) Schedule 2 to the Immigration Act 1971, or

(ii) section 10 of the Immigration and Asylum Act
1999, or

(b) 15an offender against whom a deportation order under
section 5 of the Immigration Act 1971 is in force.”

Youth cautions

109 Youth cautions

(1) Omit sections 65 (reprimands and warning) and 66 (effect of reprimands and
20warnings) of the Crime and Disorder Act 1998.

(2) Before section 66A of that Act insert—

“Young offenders: youth cautions

66ZA Youth cautions

(1) A constable may give a child or young person (“Y”) a caution under this
25section (a “youth caution”) if—

(a) the constable decides that there is sufficient evidence to charge
Y with an offence,

(b) Y admits to the constable that Y committed the offence, and

(c) the constable does not consider that Y should be prosecuted or
30given a youth conditional caution in respect of the offence.

(2) A youth caution given to a person under the age of 17 must be given in
the presence of an appropriate adult.

(3) If a constable gives a youth caution to a person, the constable must
explain the matters referred to in subsection (4) in ordinary language
35to—

(a) that person, and

(b) where that person is under the age of 17, the appropriate adult.

(4) Those matters are—

(a) the effect of subsections (1) to (3) and (5) to (7) of section 66ZB,
40and

(b) any guidance issued under subsection (4) of that section.

(5) The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—

(a) the circumstances in which it is appropriate to give youth
cautions,

(b) 5the places where youth cautions may be given,

(c) the category of constable by whom youth cautions may be
given, and

(d) the form which youth cautions are to take and the manner in
which they are to be given and recorded.

(6) 10No caution other than a youth caution or a youth conditional caution
may be given to a child or young person.

(7) In this Chapter “appropriate adult”, in relation to a child or young
person, means—

(a) a parent or guardian of the child or young person,

(b) 15if the child or young person is in the care of a local authority or
voluntary organisation, a person representing that authority or
organisation,

(c) a social worker of a local authority, or

(d) if no person falling within paragraph (a), (b) or (c) is available,
20any responsible person aged 18 or over who is not a police
officer or a person employed by the police.

66ZB Effect of youth cautions

(1) If a constable gives a youth caution to a person, the constable must as
soon as practicable refer the person to a youth offending team.

(2) 25Subject to subsection (3), on a referral of a person under subsection (1),
the youth offending team—

(a) must assess the person, and

(b) unless they consider it inappropriate to do so, must arrange for
the person to participate in a rehabilitation programme.

(3) 30If the person has not previously been referred under subsection (1) and
has not previously been given a youth conditional caution, the youth
offending team—

(a) may assess the person, and

(b) may arrange for the person to participate in a rehabilitation
35programme.

(4) The Secretary of State must publish, in such manner as the Secretary of
State considers appropriate, guidance as to—

(a) what should be included in a rehabilitation programme
arranged for a person under subsection (2) or (3),

(b) 40the manner in which any failure by a person to participate in a
programme is to be recorded, and

(c) the persons to whom any such failure must be notified.

(5) Subsection (6) applies if—

(a) a person who has received two or more youth cautions is
45convicted of an offence committed within two years beginning
with the date of the last of those cautions, or

(b) a person who has received a youth conditional caution followed
by a youth caution is convicted of an offence committed within
two years beginning with the date of the youth caution.

(6) The court by or before which the person is convicted—

(a) 5must not make an order under section 12(1)(b) of the Powers of
Criminal Courts (Sentencing) Act 2000 (conditional discharge)
in respect of the offence unless it is of the opinion that there are
exceptional circumstances relating to the offence or the person
that justify it doing so, and

(b) 10where it does so, must state in open court that it is of that
opinion and its reasons for that opinion.

(7) There may be cited in criminal proceedings—

(a) a youth caution given to a person, and

(b) a report on a failure by a person to participate in a rehabilitation
15programme arranged for the person under subsection (2) or (3),

in the same circumstances as a conviction of the person may be cited.

(8) In this section “rehabilitation programme” means a programme with
the purpose of rehabilitating participants and preventing them from re-
offending.”

(3) 20Schedule 16 (youth cautions: consequential amendments) has effect.

(4) The amendments made by this section and that Schedule do not apply in
relation to an offence committed before they come into force.

(5) A reprimand or warning of a person under section 65 of the Crime and
Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of
25Schedule 9 to that Act, is to be treated for the purposes of any enactment or
instrument as a youth caution given to that person under section 66ZA(1) of
that Act.

(6) A referral of a person to a youth offending team under section 66(1) of the
Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB
30of that Act as a referral under that section.

(7) A rehabilitation programme provided under section 66 of the Crime and
Disorder Act 1998 is to be treated for the purposes of any enactment or
instrument as provided under section 66ZA of that Act.

110 Youth conditional cautions: previous convictions

35In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met
before youth conditional caution may be given) omit paragraph (a) and the
“and” at the end of that paragraph (requirement of no previous convictions).

111 Youth conditional cautions: references to youth offending teams

In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions)
40after subsection (6) insert—

“(6A) If an authorised person gives a youth conditional caution to an
offender, the authorised person must as soon as practicable refer the
offender to a youth offending team.”

112 Youth conditional cautions: involvement of prosecutors

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 66A(4) (conditions that may be attached to a youth conditional
caution) for “by a relevant prosecutor” substitute “in the condition”.

(3) 5In section 66B(2) (relevant prosecutor must decide that there is sufficient
evidence to prosecute and that a conditional caution should be given) after “a
relevant prosecutor” insert “or the authorised person”.

(4) In section 66C(5) (relevant prosecutor must specify amount of financial penalty
and how it must be paid etc) for “a relevant prosecutor must also” substitute
10“the condition must”.

(5) In section 66D (variation of conditions by relevant prosecutor) after “A relevant
prosecutor” insert “or an authorised person”.

(6) In section 66G (code of practice) in subsection (2)(h) (Secretary of State’s code
of practice may include provision about what a relevant prosecutor may
15provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “in a
condition”.

CHAPTER 7 Offences

113 Offences of threatening with article with blade or point or offensive weapon
in public or on school premises

(1) 20In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying
of offensive weapons without lawful authority or reasonable excuse) insert—

“1A Offence of threatening with weapon in public

(1) A person is guilty of an offence if that person—

(a) has an offensive weapon with him or her in a public place,

(b) 25unlawfully and intentionally threatens another person with the
weapon, and

(c) does so in such a way that there is an immediate risk of serious
physical harm to that other person.

(2) For the purposes of this section physical harm is serious if it amounts
30to grievous bodily harm for the purposes of the Offences against the
Person Act 1861.

(3) In this section “public place” and “offensive weapon” have the same
meaning as in section 1.

(4) A person guilty of an offence under this section is liable—

(a) 35on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 4 years or to a fine, or to both.

(5) 40Where a person aged 18 or over is convicted of an offence under this
section, the court must impose a sentence of imprisonment for a term

of at least 6 months (with or without a fine) unless the court is of the
opinion that there are particular circumstances which—

(a) relate to the offence or to the offender, and

(b) would make it unjust to do so in all the circumstances.

(6) 5In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (4)(a) to 12 months is to be read as a reference to 6 months.

(7) In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
10reference in subsection (5) to a sentence of imprisonment, in relation to
an offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.

(8) If on a person’s trial for an offence under this section (whether on
indictment or not) the person is found not guilty of that offence but it is
15proved that the person committed an offence under section 1, the
person may be convicted of the offence under that section.”

(2) In the Criminal Justice Act 1988 after section 139A (offence of having article
with blade or point or offensive weapon on school premises) insert—

“139AA Offence of threatening with article with blade or point or offensive
20weapon

(1) A person is guilty of an offence if that person—

(a) has an article to which this section applies with him or her in a
public place or on school premises,

(b) unlawfully and intentionally threatens another person with the
25article, and

(c) does so in such a way that there is an immediate risk of serious
physical harm to that other person.

(2) In relation to a public place this section applies to an article to which
section 139 applies.

(3) 30In relation to school premises this section applies to each of these—

(a) an article to which section 139 applies;

(b) an offensive weapon within the meaning of section 1 of the
Prevention of Crime Act 1953.

(4) For the purposes of this section physical harm is serious if it amounts
35to grievous bodily harm for the purposes of the Offences against the
Person Act 1861.

(5) In this section—

• “public place” has the same meaning as in section 139;

• “school premises” has the same meaning as in section 139A.

(6) 40A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
45exceeding 4 years or to a fine, or to both.

(7) Where a person aged 18 or over is convicted of an offence under this
section, the court must impose a sentence of imprisonment for a term
of at least 6 months (with or without a fine) unless the court is of the
opinion that there are particular circumstances which—

(a) 5relate to the offence or to the offender, and

(b) would make it unjust to do so in all the circumstances.

(8) In relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003, the reference in
subsection (6)(a) to 12 months is to be read as a reference to 6 months.

(9) 10In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
reference in subsection (7) to a sentence of imprisonment, in relation to
an offender aged under 21 at the time of conviction, is to be read as a
reference to a sentence of detention in a young offender institution.

(10) 15If on a person’s trial for an offence under this section (whether on
indictment or not) the person is found not guilty of that offence but it is
proved that the person committed an offence under section 139 or
139A, the person may be convicted of the offence under that section.”

(3) Schedule 17 (minor and consequential amendments) has effect.

114 20Causing serious injury by dangerous driving

(1) The Road Traffic Act 1988 is amended as follows.

(2) After section 1 insert—

“1A Causing serious injury by dangerous driving

(1) A person who causes serious injury to another person by driving a
25mechanically propelled vehicle dangerously on a road or other public
place is guilty of an offence.

(2) In this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
30the Person Act 1861, and

(b) in Scotland, severe physical injury.”

(3) In section 2A (meaning of dangerous driving) in subsections (1) and (2) after
“sections 1” insert “, 1A”.

(4) Section 1A inserted by subsection (2) has effect only in relation to driving
35occurring after that subsection comes into force.

(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts) in the appropriate place
insert—

(6) In the entry inserted by subsection (5), in relation to an offence committed
before the commencement of section 154(1) of the Criminal Justice Act 2003 “12
months” is to be read as “6 months (in England and Wales) or 12 months (in
Scotland)”.

(7) 5Schedule 18 (causing serious injury by dangerous driving) has effect.

Part 4 Final provisions

115 Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make
10consequential, supplementary, incidental or transitional provision in relation
to any provision of Parts 1 to 3 of this Act.

(2) The regulations may, in particular—

(a) amend, repeal, revoke or otherwise modify legislation, and

(b) include transitory or saving provision.

(3) 15Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
to subsection (5).

(5) A statutory instrument containing regulations under this section that amend or
20repeal an Act (whether alone or with other provision) may not be made unless
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.

(6) In this section—

• “Act” includes an Act or Measure of the National Assembly for Wales;

• 25“legislation”, in relation to regulations made in relation to a provision of
  this Act, means—

  (a)

  an Act passed before or in the same Session as this Act, or

  (b)

  an instrument made under an Act before the provision comes
  into force.

116 30Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this
Act, and

(b) any increase attributable to this Act in the sums payable under any
35other Act out of money so provided.

117 Commencement

(1) The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsection (2).

(2) This Part comes into force on the day on which this Act is passed.

(3) 5An order under this section is to be made by statutory instrument.

(4) An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(5) An order under this section bringing into force section 107, 108, 110, 111 or 112
10may appoint different days for different areas.

118 Extent

(1) This Act extends to England and Wales only, subject to subsections (2) to (5).

(2) Section 114 extends to England and Wales and Scotland.

(3) The following provisions extend to England and Wales and Northern
15Ireland—

(a) section 21,

(b) section 32, and

(c) sections 104 and 105.

(4) The following provisions extend to England and Wales, Scotland and Northern
20Ireland—

(a) Schedule 7 (and section 52(2)), and

(b) this Part.

(5) An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked.

119 25Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by section 9(4) of the Repatriation of Prisoners Act 1984
(power to extend to Channel Islands, Isle of Man and British overseas
territories) is exercisable in relation to any amendment of that Act that is made
by or under this Act.

(2) 30The power conferred by section 338 of the Criminal Justice Act 2003 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(3) In section 384 of the Armed Forces Act 2006 (extent to Channel Islands, Isle of
Man and British overseas territories) references to that Act include that Act as
35amended by or under this Act.

120 Short title

This Act may be cited as the Legal Aid, Sentencing and Punishment of
Offenders Act 2011.

SCHEDULES

Section 8

SCHEDULE 1 Civil legal services

Part 1 5Services

Care, supervision and protection of children

1 (1) Civil legal services provided in relation to—

(a) orders under section 25 of the Children Act 1989 (“the 1989 Act”)
(secure accommodation);

(b) 10orders under Part 4 of the 1989 Act (care and supervision);

(c) orders under Part 5 of the 1989 Act (protection of children);

(d) approval by a court under paragraph 19 of Schedule 2 to the 1989 Act
(arrangements to assist children to live abroad);

(e) parenting orders under section 8 of the Crime and Disorder Act 1998
15(“1998 Act”);

(f) child safety orders under section 11 of the 1998 Act;

(g) orders for contact under section 26 of the Adoption and Children Act
2002 (“the 2002 Act”);

(h) applications for leave of the court to remove a child from a person’s
20custody under section 36 of the 2002 Act;

(i) placement orders, recovery orders or adoption orders under Chapter
3 of Part 1 of the 2002 Act (see sections 21, 41 and 46 of that Act);

(j) orders under section 84 of the 2002 Act (parental responsibility prior
to adoption abroad);

(k) 25any other orders or procedures under an enactment for the care,
supervision or protection of children that are prescribed for the
purposes of this paragraph.

(2) Civil legal services provided in relation to an order under an enactment
made—

(a) 30as an alternative to an order mentioned in, or prescribed under, sub-
paragraph (1), or

(b) in proceedings heard together with proceedings relating to such an
order.

Exclusions

(3) 35Sub-paragraphs (1) and (2) are subject to the exclusions in Parts 2 and 3 of
this Schedule.

Definitions

(4) In this paragraph “children” means persons under the age of 18.

Special educational needs

2 (1) Civil legal services provided in relation to matters arising under Part 4 of the
Education Act 1996 (special educational needs).

5Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this
Schedule.

Abuse of child or vulnerable adult

3 (1) Civil legal services provided in relation to abuse of an individual that took
10place at a time when the individual was a child or vulnerable adult, but only
where the services are provided—

(a) to the individual, or

(b) for the purposes of a claim under the Fatal Accidents Act 1976 for the
benefit of the individual’s dependants.

15General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Part 2 of this Schedule, with
the exception of paragraphs 1, 3, 8 and 12 of that Part.

(3) But the exclusions described in sub-paragraph (2) are subject to the
exception in sub-paragraph (4).

(4) 20The services described in sub-paragraph (1) include services provided in
relation to negligence other than clinical negligence.

(5) Sub-paragraph (1) is subject to the exclusion in Part 3 of this Schedule.

Specific exclusion

(6) The services described in sub-paragraph (1) do not include services
25provided in relation to a matter arising under a family enactment.

Definitions

(7) In this paragraph—

• “abuse” means physical or mental abuse, including—

  (a)

  sexual abuse, and

  (b)

  30abuse in the form of violence, neglect, maltreatment and
  exploitation;

• “child” means a person under the age of 18;

• “clinical negligence” means breach of a duty of care or trespass to the
  person committed in the course of the provision of clinical or medical
  35services (including dental or nursing services);

• “family enactment” has the meaning given in paragraph 10;

• “vulnerable adult” means a person aged 18 or over whose ability to
  protect himself or herself from abuse is significantly impaired
  through physical or mental disability or illness, through old age or
  40otherwise.

Working with children and vulnerable adults

4 (1) Civil legal services provided in relation to—