Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 109)

(2) After subsection (2) insert—

“(2A) If a fixed-term prisoner serving an extended sentence imposed under
section 226A or 226B—

(a) is liable to removal from the United Kingdom, and

(b) 5has not been removed from prison under this section during
the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under
this section at any time after the end of that period.

(2B) Subsection (2A) applies whether or not the Parole Board has directed
10the prisoner’s release under section 246A.”

(3) In subsection (5), after “244” (but before “, 247”) insert “, 246A”.

(4) In subsection (7), before paragraph (a) insert—

“(za) in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
15by paragraph (a) or (b) of the definition in section 246A(8);”.

8 (1) Section 261 (re-entry to UK of offender removed early) is amended as
follows.

(2) In subsection (5)(b) for “or 244” substitute “, 244 or 246A”.

(3) In subsection (6), in the definition of “requisite custodial period”, before
20paragraph (a) insert—

“(za) in relation to a prisoner serving an extended sentence
imposed under section 226A or 226B, has the meaning given
by paragraph (a) or (b) of the definition in section 246A(8);”.

9 In section 263 (concurrent terms), in subsection (4), before “228” insert “226B
25or”.

10 (1) Section 264 (consecutive terms) is amended as follows.

(2) In subsection (6)(a) (definition of “custodial period”), before sub-paragraph
(i) insert—

“(zi) in relation to an extended sentence imposed under
30section 226A or 226B, means two-thirds of the
appropriate custodial term determined by the court
under that section,”.

(3) In subsection (7) before “228” insert “226B or”.

11 In section 265 (restriction on consecutive sentences for released prisoners),
35in subsection (2), before “228” insert “226B or”.

Section 121

SCHEDULE 20 Penalty notices for disorderly behaviour

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

1 Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (on the spot
40penalties for disorderly behaviour) is amended as follows.

2 In section 1 (offences leading to penalties on the spot) omit subsections (4)
and (5) (provision about orders under subsections (2) and (3) of that section).

3 (1) Section 2 (penalty notices) is amended as follows

(2) In subsection (1) for “10” substitute “18”.

(3) 5After subsection (1) insert—

“(1A) If the offence mentioned in subsection (1) is a relevant penalty
offence, the constable may give the person a penalty notice with an
education option.”

(4) Omit subsection (2) (requirement that constable giving a penalty notice
10other than at a police station be in uniform).

(5) Omit subsection (3) (requirement that constable giving a penalty notice at a
police station be an authorised constable).

(6) In subsection (4)—

(a) after “Chapter”, in the first place it appears, insert “—

• 15approved educational course” means an educational
  course run as part of an educational course scheme
  established by—

  (a)

  in the case of a notice given by a constable of
  the British Transport Police Force, the Chief
  20Constable of that force, and

  (b)

  in any other case, the chief officer of police for
  the area in which the notice is given;

• “educational course scheme” means a scheme
  established by a chief officer of police under section
  252A;”, and

(b) at the end insert “;

• penalty notice with an education option” means a
  penalty notice that also offers the opportunity to
  discharge any liability to be convicted of the offence
  30to which the notice relates by—

  (a)

  completing an approved educational course,
  and

  (b)

  paying the course fee.”

(7) After subsection (4) insert—

“(4A) 35In this section, “relevant penalty offence” means a penalty offence in
relation to which there is an approved educational course.

(4B) The Secretary of State may by regulations make provision about the
revocation of penalty notices.”

(8) Omit subsection (5) (definition of “authorised constable”).

(9) 40Omit subsections (6) to (9) (Secretary of State order making power and
associated provision).

4 After section 2 (penalty notices) insert—

“2A Educational course schemes

(1) A chief officer of police may establish an educational course scheme
under this section in relation to one or more kinds of penalty offence
5committed in the chief officer’s area.

(2) An educational course scheme must include arrangements—

(a) for educational courses relating to the penalty offences to
which the scheme relates to be provided to persons who are
given penalty notices with an education option, and

(b) 10for a course fee set by the chief officer of police—

(i) to be paid by a person who attends an educational
course, and

(ii) to be refunded in such circumstances (if any) as the
chief officer considers appropriate.

(3) 15The purpose of an educational course mentioned in subsection (2)
must be to reduce the likelihood of those who take the course
committing the penalty offence, or penalty offences, to which the
course relates.

(4) An educational course may be provided by any person who, and
20have any content that, the chief officer of police considers
appropriate given its purpose.

(5) The Secretary of State may by regulations—

(a) provide that the fee mentioned in subsection (2)(b) may not
be—

(i) 25less than an amount specified in the regulations, or

(ii) more than an amount so specified;

(b) make provision for and in connection with the disclosure, for
the purpose of running an educational course scheme, of
relevant personal information between—

(i) 30a person who is involved in the provision of an
educational course under the scheme,

(ii) the chief officer of police who established the scheme,
and

(iii) any other person specified or described in the
35regulations;

(c) make provision about the use of relevant personal
information for that purpose;

(d) place restrictions on the disclosure or use of relevant personal
information.

(6) 40In subsection (5) “relevant personal information” means any
information that relates to, and identifies, a person who has been
given a penalty notice with an education option.

(7) In this section’s application in relation to the Chief Constable of the
British Transport Police Force, subsection (1) has effect as if the
45reference to one or more kinds of penalty offence committed in a
chief officer of police’s area were a reference to one or more kinds of
penalty offence—

(a) committed at, or in relation to, any of the places mentioned in
section 31(1)(a) to (f) of the Railways and Transport Safety
Act 2003 (places where a constable of the British Transport
Police Force has the powers of a constable), or

(b) 5otherwise relating to a railway.

(8) In subsection (7) “railway” means—

(a) a railway within the meaning given by section 67(1) of the
Transport and Works Act 1992 (interpretation), or

(b) a tramway within the meaning given by that section.”

5 (1) 10Section 3 (amount of penalty and form of penalty notice) is amended as
follows.

(2) Omit subsection (1A) (Secretary of State may specify different penalties for
persons of different ages).

(3) After subsection (3) insert—

“(3A) 15The Secretary of State may by regulations require information in
addition to that mentioned in subsection (3) to be included in, or to
be provided with, a penalty notice with an education option.”

(4) Omit subsections (5) and (6) (provision relating to orders under that section).

6 (1) Section 4 (effect of penalty notice) is amended as follows.

(2) 20In subsection (5) for “If” substitute “In the case of a penalty notice that is not
a penalty notice with an education option, if”.

(3) After subsection (5) insert—

“(6) In the case of a penalty notice with an education option, a sum equal
to one and a half times the amount of the penalty may be registered
25under section 8 for enforcement against A as a fine if subsection (7)
or (8) applies.

(7) This subsection applies if, by the end of the suspended enforcement
period, A does not—

(a) ask to attend an approved educational course relating to the
30offence to which the notice relates,

(b) pay the penalty, or

(c) request to be tried.

(8) This subsection applies if—

(a) A has asked, by the end of the suspended enforcement
35period, to attend an approved educational course of the kind
mentioned in subsection (7)(a), and

(b) A does not, in accordance with regulations made under
subsection (9)—

(i) pay the course fee,

(ii) 40start such a course, or

(iii) complete such a course.

(9) The Secretary of State may by regulations make provision—

(a) as to the time by which A is required to do each of the things
mentioned in subsection (8)(b)(i) to (iii) (including provision

allowing those times to be specified by a chief officer of police
for the purposes of an educational course scheme established
by that officer);

(b) allowing A to request an extension of the time to do the
5things mentioned in subsection (8)(b)(i) to (iii) (including
provision as to who should determine such a request and on
what basis);

(c) as to the procedure to be followed in relation to requests for
extensions of time (including provision allowing the
10procedure 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
being granted (including provision specifying circumstances
15in 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
has arranged to attend (including provision as to who should
20determine 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
provision as to who should determine whether those
25circumstances 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) Section 5 (general restriction on proceedings) is amended as follows.

(2) 30In 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
has, by the end of the suspended enforcement period, asked to attend
35an 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) completes, in accordance with regulations made under
40section 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 In section 6 (Secretary of State’s guidance) after paragraph (b) insert—

“(ba) 45about 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
subsection (7), if”.

(3) After subsection (6) insert—

“(7) The Secretary of State may by regulations make provision as to the
5directions 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
section 8 on the basis that section 4(8) applies.”

11 After section 10 insert—

“Orders and regulations

10A 10Orders and regulations under Chapter 1

(1) Any power of the Secretary of State to make an order or regulations
under 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) 15power to make different provision for different cases,
circumstances or areas, and

(b) power 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)
20unless a draft of the statutory instrument containing the order
(whether alone or with other provisions) has been laid before, and
approved 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
25of the instrument be laid before, and approved by a resolution of,
both Houses of Parliament, is subject to annulment in pursuance of a
resolution 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—

• 30““approved educational course” has the meaning given in
  section 2(4);”.

(3) After the definition of “defaulter” insert—

• ““educational course scheme” has the meaning given in section
  2(4);”.

(4) 35After the definition of “penalty notice” insert—

• ““penalty notice with an education option” has the meaning
  given in section 2(4);”.

Consequential amendments

13 In section 64A of the Police and Criminal Evidence Act 1984 (photographing
40of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place
those words appear.

14 (1) The 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) 5In 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) 10In paragraph 1 of Schedule 5A (accredited inspectors’ powers to issue fixed
penalty notices) in sub-paragraph (2) omit “in uniform”.

15 In consequence of the amendments made by paragraphs 3 and 5 of this
Schedule, omit section 87 of the Anti-social Behaviour Act 2003.

Section 124

SCHEDULE 21 15Youth cautions: consequential amendments

Rehabilitation of Offenders Act 1974 (c. 53)1974 (c. 53)

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

2 In section 8A(2) (meaning of “caution”)—

(a) omit paragraph (c), and

(b) 20in paragraph (d)—

(i) omit “, reprimand or warning”, and

(ii) for “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
25programme)—

(a) for “warning under section 65” substitute “youth caution given
under section 66ZA”, and

(b) for “66(2)” substitute “66ZB(2) or (3)”.

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

4 30The Police and Criminal Evidence Act 1984 is amended as follows.

5 In section 34(5)(b) (requirement to release without bail unless proceedings
may 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 35In section 37B(9)(b) (consultation with Director of Public Prosecutions:
meaning of “caution”), for “warning or reprimand under section 65”
substitute “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) 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 (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
10case 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) omit paragraph (c) and the “and” at the end of that paragraph.

(3) In subsection (3BA)(a) (conditions for application of subsection (3B)), for “,
15cautioned 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
offence)—

(a) for “or” at the end of sub-paragraph (i) substitute “and”, and

(b) 20omit 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
offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit
paragraph (b) and the “or” preceding that paragraph.

11 (1) 25Schedule 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
offence in England and Wales)—

(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded”
30substitute “or cautioned”, and

(b) in sub-paragraph (5) for “, caution or warning or reprimand”
substitute “or caution”.

(3) In paragraph 11 (attendance for taking of non-intimate sample: persons
convicted etc of an offence in England and Wales)—

(a) 35in 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”
substitute “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 40In 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) for “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
paragraph.

5Crime 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
10whether youth cautions should be given under
section 66ZA below;”, and

(b) in 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)”
15substitute “66ZA(7)”, and

(b) after paragraph (e) insert—

“(ea) youth caution” has the meaning given by section
66ZA(1);”.

17 In section 121(6) (provisions extending to Scotland) omit paragraph (c).

20Powers 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 In 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) 25for “reprimands and warnings” substitute “youth cautions”.

20 In Schedule 9 (consequential amendments) omit paragraph 198.

Terrorism 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
30offence for the purposes of paragraphs 14B to 14E) omit paragraph (b) and
the “or” preceding that paragraph.

23 In 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,”.

35Criminal 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
offenders: 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.

5Criminal 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 10In 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) The 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)
15and the “and” preceding that paragraph.

(3) In Schedule 9 (alternatives to prosecution for persons under 18) omit
paragraph 2.

Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)

29 In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as
20having been convicted of an offence for the purposes of section 18(3B) and
(3C)), omit paragraph (b) and the “or” preceding that paragraph.

Section 128

SCHEDULE 22 Knives and offensive weapons: minor and consequential amendments

Prevention of Crime Act 1953 (c. 14)1953 (c. 14)

1 25In 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”.

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

2 (1) Section 37(1A) of the Mental Health Act 1983 (powers of courts to order
30hospital 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) After paragraph (a) insert—

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