Legal Aid, Sentencing and Punishment of Offenders Bill

AMENDMENT
TO BE MOVED
IN COMMITTEE

[Supplementary to the Ninth Marshalled List]

After Clause 127

LORD THOMAS OF GRESFORD

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

[As an amendment to Amendment 185F]

 

Line 7, at end insert—

“(2A) Subject to subsection (3), where an individual has committed a criminal offence and where on the date of conviction, that individual was under 18, upon that individual reaching the age of 18 they will become a rehabilitated person in respect of that conviction and the conviction a spent conviction for those purposes.

(2B) For the purposes of this section, the terms “rehabilitated person” and “spent conviction” have the meaning given to them by section 4 of the Rehabilitation of Offenders Act 1974.

(2C) Subsection (2A) does not apply where—

(a) convictions are excluded from rehabilitation by section 5(1) of the Rehabilitation of Offenders Act 1974; or

(b) the young person is still serving his or her sentence (including any licence period) on his or her 18th birthday.

(2D) Where the foregoing conditions are satisfied, this section shall apply whether the individual was convicted before or after the commencement of this Act.

(2E) In circumstances where this section applies, section 1 of the Rehabilitation of Offenders Act 1974 shall not apply.”

Prepared 13th February 2012