|
| |
|
(b) | any guidance issued under subsection (4) of that section. |
| |
(5) | The Secretary of State must publish, in such manner as the Secretary of |
| |
State considers appropriate, guidance as to— |
| |
(a) | the circumstances in which it is appropriate to give youth |
| |
| 5 |
(b) | the places where youth cautions may be given, |
| |
(c) | the category of constable by whom youth cautions may be |
| |
| |
(d) | the form which youth cautions are to take and the manner in |
| |
which they are to be given and recorded. |
| 10 |
(6) | No caution other than a youth caution or a youth conditional caution |
| |
may be given to a child or young person. |
| |
(7) | In this Chapter “appropriate adult”, in relation to a child or young |
| |
| |
(a) | a parent or guardian of the child or young person, |
| 15 |
(b) | if the child or young person is in the care of a local authority or |
| |
voluntary organisation, a person representing that authority or |
| |
| |
(c) | a social worker of a local authority, or |
| |
(d) | if no person falling within paragraph (a), (b) or (c) is available, |
| 20 |
any responsible person aged 18 or over who is not a police |
| |
officer or a person employed by the police. |
| |
66ZB | Effect of youth cautions |
| |
(1) | If a constable gives a youth caution to a person, the constable must as |
| |
soon as practicable refer the person to a youth offending team. |
| 25 |
(2) | Subject to subsection (3), on a referral of a person under subsection (1), |
| |
the youth offending team— |
| |
(a) | must assess the person, and |
| |
(b) | unless they consider it inappropriate to do so, must arrange for |
| |
the person to participate in a rehabilitation programme. |
| 30 |
(3) | If the person has not previously been referred under subsection (1) and |
| |
has not previously been given a youth conditional caution, the youth |
| |
| |
(a) | may assess the person, and |
| |
(b) | may arrange for the person to participate in a rehabilitation |
| 35 |
| |
(4) | The Secretary of State must publish, in such manner as the Secretary of |
| |
State considers appropriate, guidance as to— |
| |
(a) | what should be included in a rehabilitation programme |
| |
arranged for a person under subsection (2) or (3), |
| 40 |
(b) | the manner in which any failure by a person to participate in a |
| |
programme is to be recorded, and |
| |
(c) | the persons to whom any such failure must be notified. |
| |
(5) | Subsection (6) applies if— |
| |
|
| |
|
| |
|
(a) | a person who has received two or more youth cautions is |
| |
convicted of an offence committed within two years beginning |
| |
with the date of the last of those cautions, or |
| |
(b) | a person who has received a youth conditional caution followed |
| |
by a youth caution is convicted of an offence committed within |
| 5 |
two years beginning with the date of the youth caution. |
| |
(6) | The court by or before which the person is convicted— |
| |
(a) | must not make an order under section 12(1)(b) of the Powers of |
| |
Criminal Courts (Sentencing) Act 2000 (conditional discharge) |
| |
in respect of the offence unless it is of the opinion that there are |
| 10 |
exceptional circumstances relating to the offence or the person |
| |
that justify it doing so, and |
| |
(b) | where it does so, must state in open court that it is of that |
| |
opinion and its reasons for that opinion. |
| |
(7) | There may be cited in criminal proceedings— |
| 15 |
(a) | a youth caution given to a person, and |
| |
(b) | a report on a failure by a person to participate in a rehabilitation |
| |
programme arranged for the person under subsection (2) or (3), |
| |
| in the same circumstances as a conviction of the person may be cited. |
| |
(8) | In this section “rehabilitation programme” means a programme with |
| 20 |
the purpose of rehabilitating participants and preventing them from re- |
| |
| |
(3) | Schedule 24 (youth cautions: consequential amendments) has effect. |
| |
(4) | The amendments made by this section and that Schedule do not apply in |
| |
relation to an offence committed before they come into force. |
| 25 |
(5) | A reprimand or warning of a person under section 65 of the Crime and |
| |
Disorder Act 1998, or any caution treated as such by virtue of paragraph 5 of |
| |
Schedule 9 to that Act, is to be treated for the purposes of any enactment or |
| |
instrument (whenever passed or made) as a youth caution given to that person |
| |
under section 66ZA(1) of that Act. |
| 30 |
(6) | A referral of a person to a youth offending team under section 66(1) of the |
| |
Crime and Disorder Act 1998 is to be treated for the purposes of section 66ZB |
| |
of that Act as a referral under that section. |
| |
(7) | A rehabilitation programme provided under section 66 of the Crime and |
| |
Disorder Act 1998 is to be treated for the purposes of any enactment or |
| 35 |
instrument (whenever passed or made) as provided under section 66ZB of that |
| |
| |
137 | Youth conditional cautions: previous convictions |
| |
In section 66A(1) of the Crime and Disorder Act 1998 (requirements to be met |
| |
before youth conditional caution may be given) omit paragraph (a) and the |
| 40 |
“and” at the end of that paragraph (requirement of no previous convictions). |
| |
138 | Youth conditional cautions: references to youth offending teams |
| |
In section 66A of the Crime and Disorder Act 1998 (youth conditional cautions) |
| |
|
| |
|
| |
|
after subsection (6) insert— |
| |
“(6A) | If an authorised person gives a youth conditional caution to an |
| |
offender, the authorised person must as soon as practicable refer the |
| |
offender to a youth offending team.” |
| |
139 | Youth conditional cautions: involvement of prosecutors |
| 5 |
(1) | The Crime and Disorder Act 1998 is amended as follows. |
| |
(2) | In section 66A(4) (conditions that may be attached to a youth conditional |
| |
caution) for “by a relevant prosecutor” substitute “in the condition”. |
| |
(3) | In section 66B(2) (relevant prosecutor must decide that there is sufficient |
| |
evidence to prosecute and that a conditional caution should be given) after “a |
| 10 |
relevant prosecutor” insert “or the authorised person”. |
| |
(4) | In section 66C(5) (relevant prosecutor must specify amount of financial penalty |
| |
and how it must be paid etc) for “a relevant prosecutor must also” substitute |
| |
| |
(5) | In section 66D (variation of conditions by relevant prosecutor) after “A relevant |
| 15 |
prosecutor” insert “or an authorised person”. |
| |
(6) | In section 66G (code of practice) in subsection (2)(h) (Secretary of State’s code |
| |
of practice may include provision about what a relevant prosecutor may |
| |
provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “in a |
| |
| 20 |
| |
Rehabilitation of offenders |
| |
140 | Establishment or alteration of rehabilitation periods |
| |
(1) | The Rehabilitation of Offenders Act 1974 is amended as follows. |
| |
(2) | In section 5(1)(b) and (d) (sentences excluded from rehabilitation) for “thirty |
| 25 |
months” substitute “forty eight months”. |
| |
(3) | In the opening words of section 5(1A) (references to provisions of the Armed |
| |
Forces Act 2006) for “subsection (1)(d)” substitute “this section”. |
| |
(4) | For section 5(2) to (11) (rehabilitation periods) substitute— |
| |
“(2) | For the purposes of this Act and subject to subsections (3) and (4), the |
| 30 |
rehabilitation period for a sentence is the period— |
| |
(a) | beginning with the date of the conviction in respect of which the |
| |
| |
(b) | ending at the time listed in the following Table in relation to that |
| |
| 35 |
|
| |
|
| |
|
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | 5 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 10 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 15 | | A community or youth rehabilitation |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | 30 |
|
|
(3) | Where no provision is made by or under a community or youth |
| |
rehabilitation order or a relevant order for the last day on which the |
| |
order is to have effect, the rehabilitation period for the order is to be the |
| |
period of 24 months beginning with the date of conviction. |
| |
(4) | There is no rehabilitation period for— |
| 35 |
(a) | an order discharging a person absolutely for an offence, or |
| |
(b) | any other sentence in respect of a conviction where the sentence |
| |
is not dealt with in the Table or under subsection (3), |
| |
| and, in such cases, references in this Act to any rehabilitation period are |
| |
to be read as if the period of time were nil. |
| 40 |
| |
(a) | section 8AA (protection afforded to spent alternatives to |
| |
| |
(b) | Schedule 2 (protection for spent cautions). |
| |
(6) | The Secretary of State may by order amend column 2 or 3 of the Table |
| 45 |
or the number of months for the time being specified in subsection (3). |
| |
|
| |
|
| |
|
(7) | For the purposes of this section— |
| |
(a) | consecutive terms of imprisonment or other custodial sentences |
| |
are to be treated as a single term, |
| |
(b) | terms of imprisonment or other custodial sentences which are |
| |
wholly or partly concurrent (that is terms of imprisonment or |
| 5 |
other custodial sentences imposed in respect of offences of |
| |
which a person was convicted in the same proceedings) are to |
| |
be treated as a single term, |
| |
(c) | no account is to be taken of any subsequent variation, made by |
| |
a court dealing with a person in respect of a suspended sentence |
| 10 |
of imprisonment, of the term originally imposed, |
| |
(d) | no account is to be taken of any subsequent variation of the day |
| |
originally provided for by or under an order as the last day on |
| |
which the order is to have effect, |
| |
(e) | no account is to be taken of any detention or supervision |
| 15 |
ordered by a court under section 104(3) of the Powers of |
| |
Criminal Courts (Sentencing) Act 2000, |
| |
(f) | a sentence imposed by a court outside England and Wales is to |
| |
be treated as the sentence mentioned in this section to which it |
| |
most closely corresponds. |
| 20 |
| |
“community or youth rehabilitation order” means— |
| |
(a) | a community order under section 177 of the Criminal |
| |
| |
(b) | a service community order or overseas community |
| 25 |
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) |
| 30 |
| |
“custodial sentence” means— |
| |
(a) | a sentence of imprisonment, |
| |
(b) | a sentence of detention in a young offender institution, |
| |
(c) | a sentence of Borstal training, |
| 35 |
(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, |
| 40 |
(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 |
| 45 |
| |
“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, |
| 50 |
|
| |
|
| |
|
(b) | an approved school order under section 57 of that Act, |
| |
| |
(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 |
| 5 |
paragraph (a) or (b) above, |
| |
| |
(a) | an order discharging a person conditionally for an |
| |
| |
(b) | an order binding a person over to keep the peace or be |
| 10 |
| |
(c) | an order under section 1(2A) of the Street Offences Act |
| |
| |
(d) | a hospital order under Part 3 of the Mental Health Act |
| |
1983 (with or without a restriction order), |
| 15 |
(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 otherwise dealt |
| 20 |
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 |
| 25 |
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— |
| 30 |
(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 |
| |
| 35 |
(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 |
| 40 |
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— |
| 45 |
“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— |
| |
|
| |
|