Legal Aid, Sentencing and Punishment of Offenders Bill (HC Bill 235)

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
5being 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
10has arranged to attend (including provision as to who should
determine 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
15provision as to who should determine whether those
circumstances 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) 20Section 5 (general restriction on proceedings) is amended as follows.

(2) In 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
25has, by the end of the suspended enforcement period, asked to attend
an 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) 30completes, in accordance with regulations made under
section 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 35 In section 6 (Secretary of State’s guidance) after paragraph (b) insert—

“(ba) about 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
40subsection (7), if”.

(3) After 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
45section 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 16 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 17 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
only”.

20Mental Health Act 1983 (c. 20)1983 (c. 20)

2 (1) Section 37(1A) of the Mental Health Act 1983 (powers of courts to order
hospital admission or guardianship) is amended as follows.

(2) Before paragraph (a) insert—

“(za) under section 1A(5) of the Prevention of Crime Act 1953,”.

(3) 25After paragraph (a) insert—

“(aa) under section 139AA(7) of the Criminal Justice Act 1988,”.

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

3 In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of
constable to stop and search persons, vehicles etc) after “139” insert “or
30139AA”.

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

4 The Criminal Justice Act 1988 is amended as follows.

5 (1) Section 36(2)(b) (reviews of sentencing) is amended as follows.

(2) Before sub-paragraph (i) insert—

“(zi) section 1A(5) of the Prevention of Crime Act 1953;”.

(3) After sub-paragraph (i) insert—

“(ia) section 139AA(7) of this Act;”.

6 (1) 5Section 139B (power of entry to search for articles with a blade or point and
offensive weapons) is amended as follows.

(2) In subsection (1) after “139A” insert “or 139AA”.

(3) In subsection (4)—

(a) after “In the application of this section to Northern Ireland” insert “—

(a)”; 10

(b) at the end add “, and

“(b) the reference in subsection (1) to section 139AA is
omitted.”

7 In section 172(3) (provisions extending to Northern Ireland) for “sections 139
15to 139B” substitute—

• “section 139;

• section 139A;

• section 139B;”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)1999 (c. 23)

8 (1) 20Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant
offences for the purposes of section 17: witnesses eligible for assistance on
grounds of fear or distress about testifying) is amended as follows.

(2) After paragraph 9 insert—

“9A An offence under section 1A of that Act (threatening with a
25weapon in public).”

(3) After paragraph 26 insert—

“26A An offence under section 139AA of that Act (threatening with
article with blade or point or offensive weapon).”

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

9 30The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

10 In section 12(1) (absolute and conditional discharge) for “section 51A(2) of
the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime
Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the
Criminal Justice Act 1988”.

11 35In section 130(2) (compensation orders against convicted persons) for
“section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the
Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968,
section 139AA(7) of the Criminal Justice Act 1988”.

12 In section 146(2) (driving disqualification for any offence) for “section 51A(2)
40of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of
Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of
the Criminal Justice Act 1988”.

13 (1) Section 164(3) (further interpretative provisions) is amended as follows.

(2) After paragraph (a) insert—

“(aa) under section 1A(5) of the Prevention of Crime Act 1953,”.

(3) After paragraph (b) insert—

“(ba) 5under section 139AA(7) of the Criminal Justice Act 1988,”.

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

14 The Criminal Justice Act 2003 is amended as follows.

15 (1) Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is
amended as follows.

(2) 10After “falls to be imposed” insert “under section 1A(5) of the Prevention of
Crime Act 1953 (minimum sentence for offence of threatening with offensive
weapon in public),”.

(3) After “firearms offences),” insert “under section 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for offence of threatening with article
15with blade or point or offensive weapon),”.

16 (1) Section 144 (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”
20substitute “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(5) of the Prevention of Crime Act 1953;

• 25section 110(2) of the Sentencing Act;

• section 111(2) of the Sentencing Act;

• section 139AA(7) of the Criminal Justice Act 1988.”

17 (1) Section 150 (community sentence not available where sentence fixed by law
etc) is amended as follows.

(2) 30After paragraph (a) insert—

“(aa) falls to be imposed under section 1A(5) of the Prevention of
Crime Act 1953 (minimum sentence for offence of
threatening with offensive weapon in public),”.

(3) After paragraph (b) insert—

“(ba) 35falls to be imposed under section 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for offence of
threatening with article with blade or point or offensive
weapon),”.

18 In section 152(1)(b) (general restrictions on imposing discretionary custodial
40sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),”
substitute “under section 1A(5) of the Prevention of Crime Act 1953, under
section 51A(2) of the Firearms Act 1968, under section 139AA(7) of the
Criminal Justice Act 1988,”.

19 In section 153(2) (length of discretionary custodial sentences: general
provision) for “section 51A(2) of the Firearms Act 1968 (c. 27)1968 (c. 27),” substitute
“section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the
Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988,”.

20 (1) 5Section 305(4) (interpretation of Part 12) is amended as follows.

(2) Before paragraph (a) insert—

“(za) a sentence falls to be imposed under subsection (5) of section
1A of the Prevention of Crime Act 1953 if it is required by that
subsection and the court is not of the opinion there
10mentioned,”.

(3) After paragraph (a) insert—

“(aa) a sentence falls to be imposed under subsection (7) of section
139AA of the Criminal Justice Act 1988 if it is required by that
subsection and the court is not of the opinion there
15mentioned,”.

Armed Forces Act 2006 (c. 52)2006 (c. 52)

21 The Armed Forces Act 2006 is amended as follows.

22 After section 227 (firearms offences) insert—

“227A Offences of threatening with a weapon in public or on school
20premises

(1) This section applies if—

(a) a person aged 18 or over is convicted by a court of an offence
under section 42 (criminal conduct); and

(b) the corresponding offence under the law of England and
25Wales is an offence under section 1A of the Prevention of
Crime Act 1953 or section 139AA of the Criminal Justice Act
1988 (threatening with article with blade or point or offensive
weapon in public or on school premises).

(2) The court must impose a sentence of imprisonment for a term of at
30least 6 months 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.

(3) In relation to times before the coming into force of section 61 of the
35Criminal Justice and Court Services Act 2000, the reference in
subsection (2) 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.”

23 In section 237(3) (duty to have regard to purposes of sentencing etc) after
40paragraph (b) insert “;

(c) an offence the sentence for which falls to be imposed under
section 227A(2).”

24 In section 239 (reduction in sentences for guilty pleas) at the end insert—

“(6) Nothing in section 227A(2) prevents the court, after taking into
45account any matter mentioned in subsection (2) of this section, from

imposing any sentence which is at least 80% of that specified in
section 227A(2).”

25 In section 260(1)(b) (discretionary custodial sentences: general restrictions)
for “227” substitute “227A”.

26 5In section 261(3) (length of discretionary custodial sentences: general
provision) for “and 227” substitute “, 227 and 227A”.

27 In section 273(6)(b) (review of unduly lenient sentence by Court Martial
Appeal Court) for “or 227” substitute “, 227 or 227A”.

28 (1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is amended as follows.

(2) 10After sub-paragraph (r) insert—

“(ra) an offence under section 1A of the Prevention of Crime Act
1953 (threatening with weapon in public);”.

(3) In paragraph (ai)—

(a) after “134” insert “, 139AA”;

(b) 15after “torture,” insert “threatening with article with blade or point or
offensive weapon,”.

Coroners and Justice Act 2009 (c. 25)2009 (c. 25)

29 (1) Section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines:
duty of court) is amended as follows.

(2) 20After paragraph (e) insert—

“(ea) section 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for offence of threatening with offensive weapon in
public);”.

(3) After paragraph (f) insert—

“(fa) 25section 139AA(7) of the Criminal Justice Act 1988 (minimum
sentence for offence of threatening with article with blade or
point or offensive weapon);”.

Section 114

SCHEDULE 18 Causing serious injury by dangerous driving

30Road Traffic Act 1988 (c. 52)1988 (c. 52)

1 In section 13A(1) of the Road Traffic Act 1988 (disapplication of sections 1 to
3 for authorised motoring events) after “sections 1,” insert “1A,”.

Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

2 The Road Traffic Offenders Act 1988 is amended as follows.

3 35In section 23(1A) (alternative verdicts in Scotland) after paragraph (a)
insert—

“(aa) an offence under section 1A of that Act (causing serious
injury by dangerous driving),”.