Legal Aid, Sentencing and Punishment of Offenders Bill (HL Bill 129)

(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 127

SCHEDULE 23 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 The Criminal Justice and Immigration Act 2008 is amended as follows.

29 In section 48(1) (which introduces Schedule 9 to that Act) omit paragraph (b)
15and the “and” preceding that paragraph.

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

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

31 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.

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

32 In Schedule 6 to the Terrorism Prevention and Investigation Measures Act
2011 (fingerprints and samples), in paragraph 10(1)(a) (circumstances when
25an 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.

Section 133

SCHEDULE 24 Rehabilitation of Offenders: consequential provision

30Part 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 5Omit 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) 10In 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) 15Section 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) 20Any 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) 25The 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.”

11 Omit Schedule 1 (service disciplinary convictions referred to in section
6(6)(bb) of that Act).

30Rehabilitation 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
35proceedings) 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)”
5substitute “accused person”.

(3) Omit subsection (8).

Part 2 Rehabilitation of Offenders: consequential repeals

Section 134

SCHEDULE 25 Knives and offensive weapons: minor and consequential amendments

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

1 In section 2(3) of the Prevention of Crime Act 1953 (extent) for “shall not
5extend 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
hospital admission or guardianship) is amended as follows.

(2) 10Before 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,”.

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

3 15In section 1(8A) of the Police and Criminal Evidence Act 1984 (power of
constable to stop and search persons, vehicles etc) after “139” insert “or
139AA”.

Criminal Justice Act 1988 (c. 33)1988 (c. 33)

4 The Criminal Justice Act 1988 is amended as follows.

5 (1) 20Section 36(2)(b) (reviews of sentencing) is amended as follows.

(2) Before sub-paragraph (i) insert—

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

(3) After sub-paragraph (i) insert—

“(ia) section 139AA(7) of this Act;”.

6 (1) 25Section 139B (power of entry to search for articles with a blade or point and
offensive weapons) is amended as follows.

(2) In subsection (1) after “139A” insert “or 139AA”.

(3) In subsection (4)—

(a) after “In the application of this section to Northern Ireland” insert “—

(a)”; 30

(b) at the end add “, and

“(b) the reference in subsection (1) to section 139AA is
omitted.”

7 In section 172(3) (provisions extending to Northern Ireland) for “sections 139
to 139B” substitute—

• “section 139;

• section 139A;

• 5section 139B;”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)1999 (c. 23)

8 (1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (relevant
offences for the purposes of section 17: witnesses eligible for assistance on
grounds of fear or distress about testifying) is amended as follows.

(2) 10After paragraph 9 insert—

“9A An offence under section 1A of that Act (threatening with a
weapon in public).”

(3) After paragraph 26 insert—

“26A An offence under section 139AA of that Act (threatening with
15article with blade or point or offensive weapon).”

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

9 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

10 In section 12(1) (absolute and conditional discharge) for “section 51A(2) of
the Firearms Act 1968” substitute “section 1A(5) of the Prevention of Crime
20Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of the
Criminal Justice Act 1988”.

11 In section 100 (offenders under 18: detention and training orders) after
subsection (1) insert—

“(1A) Subsection (1) applies with the omission of paragraph (b) in the case
25of an offence the sentence for which falls to be imposed under these
provisions—

(a) section 1A(5) of the Prevention of Crime Act 1953 (minimum
sentence for offence of threatening with offensive weapon in
public);

(b) 30section 139AA(7) of the Criminal Justice Act 1988 (minimum
sentence for offence of threatening with article with blade or
point or offensive weapon).”

12 In section 130(2) (compensation orders against convicted persons) for
“section 51A(2) of the Firearms Act 1968” substitute “section 1A(5) of the
35Prevention of Crime Act 1953, section 51A(2) of the Firearms Act 1968,
section 139AA(7) of the Criminal Justice Act 1988”.

13 In section 146(2) (driving disqualification for any offence) for “section 51A(2)
of the Firearms Act 1968” substitute “section 1A(5) of the Prevention of
Crime Act 1953, section 51A(2) of the Firearms Act 1968, section 139AA(7) of
40the Criminal Justice Act 1988”.

14 (1) Section 164(3) (further interpretative provisions) is amended as follows.

(2) After paragraph (a) insert—

“(aa) under section 1A(5) of the Prevention of Crime Act 1953,”.

(3) After paragraph (b) insert—

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

Criminal Justice Act 2003 (c 44)2003 (c 44)

15 The Criminal Justice Act 2003 is amended as follows.

16 (1) 5Section 142(2)(c) (purposes of sentencing: offenders aged 18 or over) is
amended as follows.

(2) After “falls to be imposed” insert “under section 1A(5) of the Prevention of
Crime Act 1953 (minimum sentence for offence of threatening with offensive
weapon in public),”.

(3) 10After “firearms offences),” insert “under section 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for offence of threatening with article
with blade or point or offensive weapon),”.

17 (1) Section 142A(4)(b) (purposes of sentencing: offenders under 18) is amended
as follows.

(2) 15Before 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) 20section 139AA(7) of the Criminal Justice Act 1988
(minimum sentence for offence of threatening with
article with blade or point or offensive weapon),”.

18 (1) Section 144 (reduction in sentences for early guilty pleas) is amended as
follows.

(2) 25In subsection (2)—

(a) for “subsection (2) of section 110 or 111 of the Sentencing Act”
substitute “a provision mentioned in subsection (3)”;

(b) for “that subsection” in each place substitute “that provision”.

(3) After that subsection insert—

“(3) 30The provisions referred to in subsection (2) are—

• section 1A(6)(a) of the Prevention of Crime Act 1953;

• section 110(2) of the Sentencing Act;

• section 111(2) of the Sentencing Act;

• section 139AA(8)(a) of the Criminal Justice Act 1988.

(4) 35In the case of an offence the sentence for which falls to be imposed
under a provision mentioned in subsection (5), nothing in that
provision prevents the court from imposing any sentence that it
considers appropriate after taking into account any matter referred
to in subsection (1) of this section.

(5) 40The provisions referred to in subsection (4) are—

• section 1A(6)(b) of the Prevention of Crime Act 1953;

• section 139AA(8)(b) of the Criminal Justice Act 1988.”