Session 2010 - 12
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Other Bills before Parliament


 
 

28

 
 

(8)    

In this section—

 

“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any order of a kind superseded (whether directly or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),

 

(b) or (c),

 

“custodial sentence” means—

 

(a)    

a sentence of imprisonment,

 

(b)    

a sentence of detention in a young offender

 

institution,

 

(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

 

Act 2006,

 

(h)    

any sentence of a kind superseded (whether directly

 

or indirectly) by a sentence mentioned in paragraph

 

(f) or (g),

 

“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

 

Act, or

 

(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any order of a kind superseded (whether directly or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,

 

“relevant order” means—

 

(a)    

an order discharging a person conditionally for an

 

offence,

 

(b)    

an order binding a person over to keep the peace or

 

be of good behaviour,

 

(c)    

an order under section 1(2A) of the Street Offences

 

Act 1959,

 

(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


 
 

29

 
 

otherwise dealt with in the Table or under

 

subsection (3),

 

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

 

accordingly),

 

“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

 

(a).”

 

(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

 

to be read accordingly),

 

(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

 

be read as if they were—

 

“(e)    

anything done or undergone in pursuance of the

 

terms of the alternative to prosecution,”,


 
 

30

 
 

(d)    

references to cautions for an offence are to be read as

 

references to alternatives to prosecution in respect of an

 

offence, and

 

(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

 

caution;” substitute “—

 

(i)    

at the end of the period of three months

 

from the date on which the caution is

 

given, or

 

(ii)    

if earlier, when the caution ceases to have

 

effect; and”, and

 

(b)    

omit sub-paragraphs (2) and (3) (meaning of “the relevant period

 

for the caution”).”

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

 

such decision.

 

(2)    

In this section—

 

“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

 

virtue of—

 

(a)    

the British Nationality Act 1981,


 
 

31

 
 

(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)

 

had always had effect.

 

(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

 

respect of a caution, or

 

(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

 

and after that date.

 

(5)    

But—

 

(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

 

spent,

 

    

is to cease to be so treated merely because of section (Establishment or

 

alteration of rehabilitation periods).


 
 

32

 
 

(6)    

Section (Establishment or alteration of rehabilitation periods) does not apply in

 

relation to alternatives to prosecution given before the commencement

 

date.

 

(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)

 

does not affect—

 

(a)    

any proceedings begun, but not completed, before the

 

commencement date,

 

(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

 

provision) has effect.

 

(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.”

Clause 130

155

Page 112, line 15, at end insert—

 

“( )    

In section 17 of the Police and Criminal Evidence Act 1984 (entry for

 

purpose of arrest etc)—

 

(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).”

After Clause 130

156

Insert the following new Clause—


 
 

33

 
 

“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

 

the end;

 

(b)    

in section 2(6) (dealer failing to record dealings) the words from “a

 

fine” to the end;

 

(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

 

fine” to the end.”

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

 

services).

 

(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).


 
 

34

 
 

(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

 

itinerant collector, and

 

(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

 

scale.

 

(8)    

An order under subsection (2) is to be made by statutory

 

instrument.

 

(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

 

“paragraph (d)”.

 

(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

 

payment is made;

 

(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

 

receipt of the metal.

 

(4D)    

An entry in pursuance of subsection (4A)(b)—

 

(a)    

must be made immediately after the payment is made, and


 
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