House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

85

“(1A)
Subsection (3) applies in the cases described in subsections (1B)

to (2).

(1B)
The first case is where—

(a)
a sentence has been imposed on any person under section

224A of the 2003 Act (as applied by section 218A of this

Act);

(b)
a previous conviction of that person has been

subsequently set aside on appeal; and

(c)
without that conviction, the previous offence condition

mentioned in section 218A(1)(d) would not have been

met.

(1C)
The second case is where—

(a)
a sentence has been imposed on any person under section

225(3) of the 2003 Act (as applied by section 219(2) of this

Act);

(b)
the condition in section 225(3A) of the 2003 Act was met

but the condition in section 225(3B) of that Act was not;

and

(c)
any previous conviction of the person without which the

condition in section 225(3A) would not have been met is

subsequently set aside on appeal.

(1D)
The third case is where—

(a)
a sentence has been imposed on any person under section

226A of the 2003 Act (as applied by section 219A of this

Act);

(b)
the condition in section 219A(2) was met, but the

condition in section 219A(3) was not; and

(c)
any previous conviction of the person without which the

condition in section 219A(2) would not have been met is

subsequently set aside on appeal.

(1E)
The fourth case is where—

(a)
a sentence has been imposed on any person under section

227(2) of the 2003 Act (as applied by section 220(2) of this

Act);

(b)
the condition in section 227(2A) of the 2003 Act was met

but the condition in section 227(2B) of that Act was not;

and

(c)
any previous conviction of the person without which the

condition in section 227(2A) would not have been met is

subsequently set aside on appeal.”

      (3)
In subsection (2)—

(a)
for “Subsection (3) also applies” substitute “The fifth case is”; and

(b)
in paragraph (a) after “226” insert “of this Act”.

      (4)
After subsection (3) insert—

“(3A)
Subsection (3B) applies where—

(a)
a sentence has been imposed on a person under section

224A of the 2003 Act (as applied by section 218A of this

Act);

86

(b)
a previous sentence imposed on that person has been

subsequently modified on appeal; and

(c)
taking account of that modification, the previous offence

condition mentioned in section 218A(1)(d) would not

have been met.

(3B)
An application for leave to appeal against the sentence

mentioned in subsection (3A)(a) may be lodged at any time

within 29 days beginning with the day on which the previous

sentence was modified.”

      (5)
In subsection (4) for “Subsection (3) has” substitute “Subsections (3) and

(3B) have”.

31
In section 237 (duty to have regard to the purposes of sentencing etc) in

subsection (3)(b)—

(a)
after “sections” insert “218A,”, and

(b)
before “225(2)” insert “224A,”.

32
In section 246 (crediting of time in service custody: terms of

imprisonment and detention) in subsection (6)(b)—

(a)
before “228” insert “226B or”, and

(b)
before “222” insert “221A or”.

33  (1)
Section 256 (pre-sentence reports) is amended as follows.

      (2)
In subsection (1)(c)—

(a)
for “220(1)” substitute “219A(1)”, and

(b)
for “222(1)” substitute “221A(1)”.

      (3)
After subsection (9) insert—

“(10)
The reference in subsection (1)(a) to a court forming any such

opinion as is mentioned in section 260(2) or 261(2) includes a

court forming such an opinion for the purposes of section

218A(4).”

34  (1)
Section 260 (discretionary custodial sentences: general restrictions) is

amended as follows.

      (2)
In subsection (1)(b)—

(a)
before “225(2)” insert “224A,”, and

(b)
before “219(2)” insert “218A,”.

      (3)
After subsection (4) insert—

“(4A)
The reference in subsection (4) to a court forming any such

opinion as is mentioned in subsection (2) or section 261(2)

includes a court forming such an opinion for the purposes of

section 218A(4).

(4B)
The reference in subsection (4) to a court forming any such

opinion as is mentioned in section 261(2) also includes a court

forming such an opinion for the purposes of section 226A(6) or

226B(4) of the 2003 Act (as applied by section 219A or 221A of this

Act).”

35  (1)
Section 261 (length of discretionary custodial sentences: general

provision) is amended as follows.

87

      (2)
In subsection (1)—

(a)
before “225” insert “224A,”, and

(b)
before “219(2)” insert “218A,”.

      (3)
In subsection (3) for “220, 222” substitute “219A, 221A”.

36
In section 273 (review of unduly lenient sentence by Court Martial

Appeal Court) in subsection (6)(b)—

(a)
before “225(2)” insert “224A,”, and

(b)
before “219(2)” insert “218A,”.

37
In section 374 (definitions applying for purposes of the whole Act) in the

definition of “custodial sentence” after paragraph (e) (but before the “or”

at the end of that paragraph) insert—

“(ea)
a sentence of detention under section 226B of that

Act passed as a result of section 221A of this Act;”.

Counter-Terrorism Act 2008 (c. 28)

38
In Schedule 6 to the Counter-Terrorism Act 2008 (notification

requirements: application to service offences) in paragraph 5(1)(a) after

sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph)

insert—

“(via)
detention under section 226B of that Act

(extended sentence of detention for certain

dangerous offenders aged under 18);”.

Part 3

Transitory provision

39  (1)
In relation to any time before the repeal of section 30 of the Criminal

Justice and Court Services Act 2000 (protection of children:

supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups

Act 2006, that section has effect with the modification in sub-paragraph

(2).

      (2)
In subsection (1), in paragraph (dd) of the definition of “qualifying

sentence”, after “2003” insert “(including such a sentence imposed as a

result of section 221, 221A or 222 of the Armed Forces Act 2006)”.”
Schedule 21
319
Page 228, line 21, at end insert—

“Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

30
In Schedule 6 to the Terrorism Prevention and Investigation Measures

Act 2011 (fingerprints and samples), in paragraph 10(1)(a)

(circumstances when an individual is to be treated as having been

convicted of an offence)—

(a)
at the end of sub-paragraph (ii) insert “or”, and

(b)
omit sub-paragraph (iv) and the “or” preceding that sub-

paragraph.”

88

Before Schedule 22
320
Insert the following new Schedule—

“Rehabilitation of Offenders: consequential provision

Part 1

Rehabilitation of Offenders: general

Rehabilitation of Offenders Act 1974: England and Wales

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

2
In section 1(4)(a) (references in Act to a conviction) for “Great Britain”

substitute “England and Wales”.

3
In section 2(5) (rehabilitation of persons dealt with in service disciplinary

proceedings) for “Great Britain” substitute “England and Wales”.

4
Omit section 3 (special provision with respect to certain disposals by

children’s hearings under the Social Work (Scotland) Act 1968).

5
In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute

“England and Wales”.

6    (1)
Section 7 (limitations on rehabilitation under the Act) is amended as

follows.

      (2)
In subsection (2)(a) for “Great Britain” substitute “England and Wales”.

      (3)
In subsection (3) for “Great Britain” substitute “England and Wales”.

7
Omit section 8(8) (defamation actions: application of section to

Scotland).

8
In section 8A(2)(d) (definition of “caution”) after “Wales” insert “and

which is not an alternative to prosecution (within the meaning of section

8AA)”.

9    (1)
Section 9 (unauthorised disclosure of spent convictions) is amended as

follows.

      (2)
In subsection (3) omit “(or, in Scotland, the accused person)”.

      (3)
In subsection (8) omit “, in England and Wales,”.

10
After section 10(1) (orders) insert—

“(1A)
Any power of the Secretary of State to make an order under any

provision of this Act includes power—

(a)
to make different provision for different purposes, and

(b)
to make incidental, consequential, supplementary,

transitional, transitory or saving provision.

(1B)
The power of the Secretary of State to make an order under

section 5(6) includes power to make consequential provision

which amends or repeals any provision of this Act or any other

enactment.”

89

11
Omit Schedule 1 (service disciplinary convictions referred to in section

6(6)(bb) of that Act).

Rehabilitation of Offenders Act 1974: Scotland

12
The Rehabilitation of Offenders Act 1974 is amended as follows.

13
In section 1(4)(a) (references in Act to a conviction) for “Great Britain”

substitute “Scotland”.

14
In section 2(5) (rehabilitation of persons dealt with in service disciplinary

proceedings) for “Great Britain” substitute “Scotland”.

15
In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute

“Scotland”.

16  (1)
Section 7 (limitations on rehabilitation under the Act) is amended as

follows.

      (2)
In subsection (2)(a) for “Great Britain” substitute “Scotland”.

      (3)
In subsection (3) for “Great Britain” substitute “Scotland”.

17  (1)
Section 9 (unauthorised disclosure of spent convictions) is amended as

follows.

      (2)
In subsection (3) for “defendant (or, in Scotland, the accused person)”

substitute “accused person”.

      (3)
Omit subsection (8).

Part 2

Rehabilitation of Offenders: consequential repeals

Short title
Extent of repeal

Armed Forces Act 1976
In Schedule 9, paragraph 21.

Criminal Law Act 1977
In section 63(2), the words “Rehabilitation of

Offenders Act 1974;”.

In Schedule 12, the entry relating to the

Rehabilitation of Offenders Act 1974.

Magistrates’ Courts Act 1980
In Schedule 7, paragraph 134.

Armed Forces Act 1981
In Schedule 4, paragraph 2(2).

Criminal Justice Act 1982
In Schedule 14, paragraph 37.

Mental Health (Amendment)
In Schedule 3, paragraph 49.

Act 1982

Mental Health Act 1983
In Schedule 4, paragraph 39.

Criminal Justice Act 1988
In Schedule 8, paragraph 9(b).

Children Act 1989
In Schedule 14, paragraph 36(7).

Criminal Justice Act 1991
In section 68, paragraph (c) (but not the word

“and” at the end of the paragraph).

In Schedule 8, paragraph 5.

In Schedule 12, paragraph 22(2).

Criminal Justice and Public
In Schedule 9, paragraph 11.

Order Act 1994

In Schedule 10, paragraph 30.

Armed Forces Act 1996
Section 13(3) and (4).

Schedule 4.

Crime and Disorder Act 1998
In Schedule 8, paragraph 35.

Youth Justice and Criminal
In Schedule 4, paragraph 6.

Evidence Act 1999

Powers of Criminal Courts
In Schedule 9, paragraph 48(3) to (10).

(Sentencing) Act 2000

In Schedule 11, paragraph 13.

Criminal Justice and Court
In Schedule 7, paragraph 49.

Services Act 2000

Criminal Justice Act 2003
In Part 1 of Schedule 32, paragraph 18(3).

Armed Forces Act 2006
In Schedule 16, paragraphs 65(4) to (8) and 66.

Criminal Justice and
In Part 1 of Schedule 4, paragraph 21.

Immigration Act 2008

In Schedule 10, paragraphs 2 and 5.

Policing and Crime Act 2009
Section 18(2).”

90

Schedule 22
321
Page 230, line 8, leave out “1A” and insert “1A(5)”
322
Page 230, line 10, leave out “139AA” and insert “139AA(7)”
323
Page 230, line 34, at end insert—

“16A (1)
Section 142A(4)(b) (purposes of sentencing: offenders under 18) is

amended as follows.

      (2)
Before sub-paragraph (i) insert—

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

(minimum sentence for offence of threatening

with offensive weapon in public),”.

      (3)
After sub-paragraph (i) insert—

“(ia)
section 139AA(7) of the Criminal Justice Act 1988

(minimum sentence for offence of threatening

with article with blade or point or offensive

weapon),”.”
In the Title
324
Line 5, after “otherwise;” insert “to make provision about the collection of fines and

other sums;”
325
Line 9, after “cautions;” insert “to make provision about the rehabilitation of

offenders;”
326
Line 11, after “squatting;” insert “to increase penalties for offences relating to scrap

metal dealing and to create a new offence relating to payment for scrap metal;”



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