|
|
| |
| | |
|
| |
| “community or youth rehabilitation order” means— |
|
| (a) | a community order under section 177 of the |
|
| Criminal Justice Act 2003, |
|
| (b) | a service community order or overseas community |
|
| order under the Armed Forces Act 2006, |
|
| (c) | a youth rehabilitation order under Part 1 of the |
|
| Criminal Justice and Immigration Act 2008, or |
|
| (d) | any order of a kind superseded (whether directly or |
|
| indirectly) by an order mentioned in paragraph (a), |
|
| |
| “custodial sentence” means— |
|
| (a) | a sentence of imprisonment, |
|
| (b) | a sentence of detention in a young offender |
|
| |
| (c) | a sentence of Borstal training, |
|
| (d) | a sentence of youth custody, |
|
| (e) | a sentence of corrective training, |
|
| (f) | a sentence of detention under section 91 of the |
|
| Powers of Criminal Courts (Sentencing) Act 2000 or |
|
| section 209 of the Armed Forces Act 2006, |
|
| (g) | a detention and training order under section 100 of |
|
| the Powers of Criminal Courts (Sentencing) Act 2000 |
|
| or an order under section 211 of the Armed Forces |
|
| |
| (h) | any sentence of a kind superseded (whether directly |
|
| or indirectly) by a sentence mentioned in paragraph |
|
| |
| “earlier statutory order” means— |
|
| (a) | an order under section 54 of the Children and Young |
|
| Persons Act 1933 committing the person convicted |
|
| to custody in a remand home, |
|
| (b) | an approved school order under section 57 of that |
|
| |
| (c) | any order of a kind superseded (whether directly or |
|
| indirectly) by an order mentioned in any of |
|
| paragraphs (c) to (e) of the definition of “relevant |
|
| order” or in paragraph (a) or (b) above, |
|
| |
| (a) | an order discharging a person conditionally for an |
|
| |
| (b) | an order binding a person over to keep the peace or |
|
| |
| (c) | an order under section 1(2A) of the Street Offences |
|
| |
| (d) | a hospital order under Part 3 of the Mental Health |
|
| Act 1983 (with or without a restriction order), |
|
| (e) | a referral order under section 16 of the Powers of |
|
| Criminal Courts (Sentencing) Act 2000, |
|
| (f) | an earlier statutory order, or |
|
| (g) | any order which imposes a disqualification, |
|
| disability, prohibition or other penalty and is not |
|
|
|
| |
| | |
|
| otherwise dealt with in the Table or under |
|
| |
| but does not include a reparation order under section 73 of |
|
| the Powers of Criminal Courts (Sentencing) Act 2000, |
|
| “removal from Her Majesty’s service” means a sentence of |
|
| dismissal with disgrace from Her Majesty’s service, a |
|
| sentence of dismissal from Her Majesty’s service or a |
|
| sentence of cashiering or discharge with ignominy, |
|
| “sentence of imprisonment” includes a sentence of penal |
|
| servitude (and “term of imprisonment” is to be read |
|
| |
| “sentence of service detention” means— |
|
| (a) | a sentence of service detention (within the meaning |
|
| given by section 374 of the Armed Forces Act 2006), |
|
| or a sentence of detention corresponding to such a |
|
| sentence, in respect of a conviction in service |
|
| disciplinary proceedings, or |
|
| (b) | any sentence of a kind superseded (whether directly |
|
| or indirectly) by a sentence mentioned in paragraph |
|
| |
| (5) | In section 6 (subsequent convictions to extend the rehabilitation period |
|
| applicable to a conviction)— |
|
| (a) | in subsection (5) (exception to rule for certain orders imposing |
|
| disqualifications etc.) for “in accordance with section 5(8) above” |
|
| substitute “by virtue of paragraph (g) of the definition of “relevant |
|
| order” in section 5(8) above”, and |
|
| (b) | omit subsection (6) (other exceptions to the rule). |
|
| (6) | After section 8A (protection afforded to spent cautions) insert— |
|
| “8AA | Protection afforded to spent alternatives to prosecution |
|
| (1) | The following provisions of this Act apply, with the modifications |
|
| specified in subsection (3), to a spent alternative to prosecution as |
|
| they apply to a spent caution— |
|
| (a) | section 9A (unauthorised disclosure of spent cautions), and |
|
| (b) | paragraphs 2 to 6 of Schedule 2 (protection relating to spent |
|
| cautions and ancillary circumstances). |
|
| (2) | An alternative to prosecution becomes spent for the purposes of |
|
| this Act when it becomes spent under the law of Scotland. |
|
| (3) | The modifications mentioned in subsection (1) are— |
|
| (a) | references to cautions are to be read as references to |
|
| alternatives to prosecution (and references to cautioned are |
|
| |
| (b) | references to the offence which was the subject of the |
|
| caution are to be read as references to the offence in respect |
|
| of which the alternative to prosecution was given, |
|
| (c) | paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to |
|
| |
| “(e) | anything done or undergone in pursuance of the |
|
| terms of the alternative to prosecution,”, |
|
|
|
| |
| | |
|
| (d) | references to cautions for an offence are to be read as |
|
| references to alternatives to prosecution in respect of an |
|
| |
| (e) | the reference in paragraph 5 of Schedule 2 to the |
|
| rehabilitation period applicable to the caution is to be read |
|
| as a reference to the time at which the alternative to |
|
| prosecution becomes spent. |
|
| (4) | In this section “alternative to prosecution” has the same meaning as |
|
| in section 8B as that section has effect in the law of Scotland but |
|
| disregarding subsection (1)(f) of that section.” |
|
| (7) | In paragraph 1 of Schedule 2 (protection for spent cautions)— |
|
| (a) | in sub-paragraph (1)(a) (when conditional cautions to be regarded |
|
| as spent cautions) for “, at the end of the relevant period for the |
|
| |
| (i) | at the end of the period of three months |
|
| from the date on which the caution is |
|
| |
| (ii) | if earlier, when the caution ceases to have |
|
| |
| (b) | omit sub-paragraphs (2) and (3) (meaning of “the relevant period |
|
| |
153 | Insert the following new Clause— |
|
| “No rehabilitation for certain immigration or nationality purposes |
|
| Before section 57 of the UK Borders Act 2007 (and after the italic cross- |
|
| heading before that section) insert— |
|
| “56A | No rehabilitation for certain immigration or nationality purposes |
|
| (1) | Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 |
|
| (effect of rehabilitation) do not apply— |
|
| (a) | in relation to any proceedings in respect of a relevant |
|
| immigration decision or a relevant nationality decision, or |
|
| (b) | otherwise for the purposes of, or in connection with, any |
|
| |
| |
| “immigration officer” means a person appointed by the |
|
| Secretary of State as an immigration officer under |
|
| paragraph 1 of Schedule 2 to the Immigration Act 1971, |
|
| “relevant immigration decision” means any decision, or |
|
| proposed decision, of the Secretary of State or an |
|
| immigration officer under or by virtue of the Immigration |
|
| Acts, or rules made under section 3 of the Immigration Act |
|
| 1971 (immigration rules), in relation to the entitlement of a |
|
| person to enter or remain in the United Kingdom |
|
| (including, in particular, the removal of a person from the |
|
| United Kingdom, whether by deportation or otherwise), |
|
| “relevant nationality decision” means any decision, or |
|
| proposed decision, of the Secretary of State under or by |
|
| |
| (a) | the British Nationality Act 1981, |
|
|
|
| |
| | |
|
| (b) | the British Nationality (Hong Kong) Act 1990, or |
|
| (c) | the Hong Kong (War Wives and Widows) Act 1996, |
|
| in relation to the good character of a person. |
|
| (3) | The references in subsection (2) to the Immigration Acts and to the |
|
| Acts listed in the definition of “relevant nationality decision” |
|
| include references to any provision made under section 2(2) of the |
|
| European Communities Act 1972, or of EU law, which relates to the |
|
| subject matter of the Act concerned.”” |
|
154 | Insert the following new Clause— |
|
| “Transitional and consequential provision: Chapter 7A |
|
| (1) | Section (Establishment or alteration of rehabilitation periods) applies in relation |
|
| to convictions or (as the case may be) cautions before the commencement |
|
| date (as well as in relation to convictions or cautions on or after that date). |
|
| (2) | The Rehabilitation of Offenders Act 1974 applies in relation to convictions |
|
| or cautions before the commencement date as if the amendments and |
|
| repeals made by section (Establishment or alteration of rehabilitation periods) |
|
| |
| (3) | Where by virtue of subsection (2)— |
|
| (a) | a person would, before the commencement date, have been treated |
|
| for the purposes of the Act of 1974 as a rehabilitated person in |
|
| respect of a conviction, or |
|
| (b) | a conviction would, before that date, have been treated for the |
|
| purposes of that Act as spent, |
|
| | the person or conviction concerned is (subject to any order made by virtue |
|
| of section 4(4) or 7(4) of that Act) to be so treated on and after that date. |
|
| (4) | Where by virtue of subsection (2)— |
|
| (a) | a person would, before the commencement date, have been treated |
|
| as mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in |
|
| |
| (b) | a caution would, before that date, have been treated for the |
|
| purposes of that Act as spent, |
|
| | the person or caution concerned is (subject to any order made by virtue of |
|
| paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on |
|
| |
| |
| (a) | no person who, immediately before the commencement date— |
|
| (i) | is treated as a rehabilitated person for the purposes of the |
|
| Act of 1974 in respect of a conviction, or |
|
| (ii) | is treated as mentioned in paragraph 3(1) of Schedule 2 to |
|
| that Act in respect of a caution, and |
|
| (b) | no conviction or caution which, immediately before the |
|
| commencement date, is treated for the purposes of that Act as |
|
| |
| | is to cease to be so treated merely because of section (Establishment or |
|
| alteration of rehabilitation periods). |
|
|
|
| |
| | |
|
| (6) | Section (Establishment or alteration of rehabilitation periods) does not apply in |
|
| relation to alternatives to prosecution given before the commencement |
|
| |
| (7) | Section (No rehabilitation for certain immigration or nationality purposes) |
|
| applies in relation to convictions before the commencement date (as well as |
|
| in relation to convictions on or after that date). |
|
| (8) | Section (No rehabilitation for certain immigration or nationality purposes) |
|
| applies as mentioned in subsection (7) above whether or not, immediately |
|
| before the commencement date— |
|
| (a) | the person concerned is treated as a rehabilitated person for the |
|
| purposes of the Act of 1974 in respect of the conviction, or |
|
| (b) | the conviction is treated for the purposes of that Act as spent. |
|
| (9) | But section (No rehabilitation for certain immigration or nationality purposes) |
|
| |
| (a) | any proceedings begun, but not completed, before the |
|
| |
| (b) | any applications for immigration or nationality decisions made, but |
|
| not finally determined, before the commencement date, or |
|
| (c) | the validity of any proceedings, or any relevant immigration or |
|
| nationality decision (within the meaning of section 56A of the UK |
|
| Borders Act 2007) which is made, before the commencement date. |
|
| (10) | Schedule (Rehabilitation of offenders: consequential provision) (consequential |
|
| |
| (11) | Any reference in this section to section (Establishment or alteration of |
|
| rehabilitation periods) is to be read as including a reference to Schedule |
|
| (Rehabilitation of offenders: consequential provision). |
|
| (12) | In this section “the commencement date” means such day as may be |
|
| specified by order of the Secretary of State made by statutory instrument; |
|
| and different days may be specified for different purposes.” |
|
|
155 | Page 112, line 15, at end insert— |
|
| “( ) | In section 17 of the Police and Criminal Evidence Act 1984 (entry for |
|
| |
| (a) | in subsection (1)(c), after sub-paragraph (v) insert— |
|
| “(vi) | section 130 of the Legal Aid, Sentencing and |
|
| Punishment of Offenders Act 2012 (squatting |
|
| in a residential building);”; |
|
| (b) | in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”. |
|
| ( ) | In Schedule 10 to the Criminal Justice and Public Order Act 1994 |
|
| (consequential amendments), omit paragraph 53(b).” |
|
|
156 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Scrap metal dealing: increase in penalties for existing offences |
|
| (1) | The Scrap Metal Dealers Act 1964 is amended as follows. |
|
| (2) | For the following words (which have effect as references to a fine not |
|
| exceeding level 3 on the standard scale) substitute in each case “a fine not |
|
| exceeding level 5 on the standard scale”— |
|
| (a) | in section 1(7) (dealer failing to register) the words from “a fine” to |
|
| |
| (b) | in section 2(6) (dealer failing to record dealings) the words from “a |
|
| |
| (c) | in section 3(4) (itinerant collector failing to keep receipts) the words |
|
| from “a fine” to the end; |
|
| (d) | in section 4(4) (convicted dealer failing to meet additional |
|
| requirements) the same words before “and the court”. |
|
| (3) | For the following words (which have effect as references to a fine not |
|
| exceeding level 1 on the standard scale) substitute in each case “a fine not |
|
| exceeding level 3 on the standard scale”— |
|
| (a) | in section 1(8) (dealer failing to give notice of cessation of business) |
|
| the words from “a fine” to the end; |
|
| (b) | in section 5(1) (dealer acquiring metal from a person under 16) the |
|
| same words before the proviso; |
|
| (c) | in section 5(2) (selling metal to a dealer under a false name or |
|
| address) the words from “a fine” to the end; |
|
| (d) | in section 6(5) (obstructing entry and inspection) the words from “a |
|
| |
157 | Insert the following new Clause— |
|
| “Offence of buying scrap metal for cash etc |
|
| (1) | The Scrap Metal Dealers Act 1964 is amended as follows. |
|
| (2) | After section 3 insert— |
|
| “3A | Offence of buying scrap metal for cash etc |
|
| (1) | A scrap metal dealer must not pay for scrap metal except— |
|
| (a) | by a cheque which under section 81A of the Bills of |
|
| Exchange Act 1882 is not transferable, or |
|
| (b) | by an electronic transfer of funds (authorised by credit or |
|
| debit card or otherwise). |
|
| (2) | The Secretary of State may by order amend subsection (1) to permit |
|
| other methods of payment. |
|
| (3) | In this section paying includes paying in kind (with goods or |
|
| |
| (4) | If a scrap metal dealer pays for scrap metal in breach of subsection |
|
| (1), each of the following is guilty of an offence— |
|
| (a) | the scrap metal dealer; |
|
| (b) | a person who makes the payment acting for the dealer; |
|
| (c) | a manager who fails to take reasonable steps to prevent the |
|
| payment being made in breach of subsection (1). |
|
|
|
| |
| | |
|
| (5) | In subsection (4)(c) “manager” means a person who works in the |
|
| carrying on of the dealer’s business as a scrap metal dealer in a |
|
| capacity, whether paid or unpaid, which authorises the person to |
|
| prevent the payment being made in breach of subsection (1). |
|
| (6) | Subsection (1) does not apply if— |
|
| (a) | the payment is made in the carrying on of the dealer’s |
|
| business as a scrap metal dealer as part of the business of an |
|
| |
| (b) | at the time of the payment an order under section 3(1) is in |
|
| force in relation to the dealer. |
|
| (7) | A person guilty of an offence under this section is liable on |
|
| summary conviction to a fine not exceeding level 5 on the standard |
|
| |
| (8) | An order under subsection (2) is to be made by statutory |
|
| |
| (9) | A statutory instrument containing an order under subsection (2) |
|
| may not be made unless a draft of the instrument has been laid |
|
| before and approved by a resolution of each House of Parliament.” |
|
| (3) | Section 2 (records of dealings) is amended as follows. |
|
| (4) | After subsection (2)(d) insert— |
|
| “(da) | where paragraph (d) applies, any part of the price that is |
|
| unpaid at the time when the entry is to be made;”. |
|
| (5) | In subsection (2)(e) for “the last preceding paragraph” substitute |
|
| |
| (6) | After subsection (4) insert— |
|
| “(4A) | If a scrap metal dealer pays at any time for scrap metal falling |
|
| within subsection (1)(a)— |
|
| (a) | the dealer must keep, with the book containing the entry |
|
| relating to receipt of the scrap metal, a copy of the cheque (if |
|
| the payment was by cheque), or any receipt identifying the |
|
| transfer (if the payment was by electronic transfer and such |
|
| a receipt was obtained), and |
|
| (b) | the particulars required by this section to be entered include |
|
| those listed in subsection (4B). |
|
| (4B) | The particulars are— |
|
| (a) | the full name and address of any person who makes the |
|
| payment acting for the dealer; |
|
| (b) | the full name and address of the person to whom the |
|
| |
| (c) | in the case of an electronic transfer where no receipt |
|
| identifying the transfer was obtained, particulars |
|
| identifying the transfer. |
|
| (4C) | Anything kept by virtue of subsection (4A)(a) must be marked so as |
|
| to identify the scrap metal by reference to the entry relating to |
|
| |
| (4D) | An entry in pursuance of subsection (4A)(b)— |
|
| (a) | must be made immediately after the payment is made, and |
|
|