|
| |
|
(a) | section 9A (unauthorised disclosure of spent cautions), and |
| |
(b) | paragraphs 2 to 6 of Schedule 2 (protection relating to spent |
| |
cautions and ancillary circumstances). |
| |
(2) | An alternative to prosecution becomes spent for the purposes of this |
| |
Act when it becomes spent under the law of Scotland. |
| 5 |
(3) | The modifications mentioned in subsection (1) are— |
| |
(a) | references to cautions are to be read as references to alternatives |
| |
to prosecution (and references to cautioned are to be read |
| |
| |
(b) | references to the offence which was the subject of the caution |
| 10 |
are to be read as references to the offence in respect of which the |
| |
alternative to prosecution was given, |
| |
(c) | paragraphs (e) and (f) of paragraph 2(1) of Schedule 2 are to be |
| |
| |
“(e) | anything done or undergone in pursuance of the |
| 15 |
terms of the alternative to prosecution,”, |
| |
(d) | references to cautions for an offence are to be read as references |
| |
to alternatives to prosecution in respect of an offence, and |
| |
(e) | the reference in paragraph 5 of Schedule 2 to the rehabilitation |
| |
period applicable to the caution is to be read as a reference to the |
| 20 |
time at which the alternative to prosecution becomes spent. |
| |
(4) | In this section “alternative to prosecution” has the same meaning as in |
| |
section 8B as that section has effect in the law of Scotland but |
| |
disregarding subsection (1)(f) of that section.” |
| |
(7) | In paragraph 1 of Schedule 2 (protection for spent cautions)— |
| 25 |
(a) | in sub-paragraph (1)(a) (when conditional cautions to be regarded as |
| |
spent cautions) for “, at the end of the relevant period for the caution;” |
| |
| |
(i) | at the end of the period of three months from |
| |
the date on which the caution is given, or |
| 30 |
(ii) | if earlier, when the caution ceases to have |
| |
| |
(b) | omit sub-paragraphs (2) and (3) (meaning of “the relevant period for |
| |
| |
141 | No rehabilitation for certain immigration or nationality purposes |
| 35 |
Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading |
| |
before that section) insert— |
| |
“56A | No rehabilitation for certain immigration or nationality purposes |
| |
(1) | Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 |
| |
(effect of rehabilitation) do not apply— |
| 40 |
(a) | in relation to any proceedings in respect of a relevant |
| |
immigration decision or a relevant nationality decision, or |
| |
(b) | otherwise for the purposes of, or in connection with, any such |
| |
| |
| 45 |
|
| |
|
| |
|
“immigration officer” means a person appointed by the Secretary |
| |
of State as an immigration officer under paragraph 1 of |
| |
Schedule 2 to the Immigration Act 1971, |
| |
“relevant immigration decision” means any decision, or proposed |
| |
decision, of the Secretary of State or an immigration officer |
| 5 |
under or by virtue of the Immigration Acts, or rules made under |
| |
section 3 of the Immigration Act 1971 (immigration rules), in |
| |
relation to the entitlement of a person to enter or remain in the |
| |
United Kingdom (including, in particular, the removal of a |
| |
person from the United Kingdom, whether by deportation or |
| 10 |
| |
“relevant nationality decision” means any decision, or proposed |
| |
decision, of the Secretary of State under or by virtue of— |
| |
(a) | the British Nationality Act 1981, |
| |
(b) | the British Nationality (Hong Kong) Act 1990, or |
| 15 |
(c) | the Hong Kong (War Wives and Widows) Act 1996, |
| |
in relation to the good character of a person. |
| |
(3) | The references in subsection (2) to the Immigration Acts and to the Acts |
| |
listed in the definition of “relevant nationality decision” include |
| |
references to any provision made under section 2(2) of the European |
| 20 |
Communities Act 1972, or of EU law, which relates to the subject matter |
| |
| |
142 | Transitional and consequential provision: Chapter 8 |
| |
(1) | Section 140 applies in relation to convictions or (as the case may be) cautions |
| |
before the commencement date (as well as in relation to convictions or cautions |
| 25 |
| |
(2) | The Rehabilitation of Offenders Act 1974 applies in relation to convictions or |
| |
cautions before the commencement date as if the amendments and repeals |
| |
made by section 140 had always had effect. |
| |
(3) | Where by virtue of subsection (2)— |
| 30 |
(a) | a person would, before the commencement date, have been treated for |
| |
the purposes of the Act of 1974 as a rehabilitated person in respect of a |
| |
| |
(b) | a conviction would, before that date, have been treated for the purposes |
| |
| 35 |
| the person or conviction concerned is (subject to any order made by virtue of |
| |
section 4(4) or 7(4) of that Act) to be so treated on and after that date. |
| |
(4) | Where by virtue of subsection (2)— |
| |
(a) | a person would, before the commencement date, have been treated as |
| |
mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in respect |
| 40 |
| |
(b) | a caution would, before that date, have been treated for the purposes of |
| |
| |
| the person or caution concerned is (subject to any order made by virtue of |
| |
paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and |
| 45 |
| |
| |
|
| |
|
| |
|
(a) | no person who, immediately before the commencement date— |
| |
(i) | is treated as a rehabilitated person for the purposes of the Act of |
| |
1974 in respect of a conviction, or |
| |
(ii) | is treated as mentioned in paragraph 3(1) of Schedule 2 to that |
| |
Act in respect of a caution, and |
| 5 |
(b) | no conviction or caution which, immediately before the |
| |
commencement date, is treated for the purposes of that Act as spent, |
| |
| is to cease to be so treated merely because of section 140. |
| |
(6) | Section 140 does not apply in relation to alternatives to prosecution given |
| |
before the commencement date. |
| 10 |
(7) | Section 141 applies in relation to convictions before the commencement date |
| |
(as well as in relation to convictions on or after that date). |
| |
(8) | Section 141 applies as mentioned in subsection (7) above whether or not, |
| |
immediately before the commencement date— |
| |
(a) | the person concerned is treated as a rehabilitated person for the |
| 15 |
purposes of the Act of 1974 in respect of the conviction, or |
| |
(b) | the conviction is treated for the purposes of that Act as spent. |
| |
(9) | But section 141 does not affect— |
| |
(a) | any proceedings begun, but not completed, before the commencement |
| |
| 20 |
(b) | any applications for immigration or nationality decisions made, but not |
| |
finally determined, before the commencement date, or |
| |
(c) | the validity of any proceedings, or any relevant immigration or |
| |
nationality decision (within the meaning of section 56A of the UK |
| |
Borders Act 2007) which is made, before the commencement date. |
| 25 |
(10) | Schedule 25 (consequential provision) has effect. |
| |
(11) | Any reference in this section to section 140 is to be read as including a reference |
| |
| |
(12) | In this section “the commencement date” means such day as may be specified |
| |
by order of the Secretary of State made by statutory instrument; and different |
| 30 |
days may be specified for different purposes. |
| |
| |
| |
143 | Offences of threatening with article with blade or point or offensive weapon |
| |
in public or on school premises |
| 35 |
(1) | In the Prevention of Crime Act 1953, after section 1 (prohibition of the carrying |
| |
of offensive weapons without lawful authority or reasonable excuse) insert— |
| |
“1A | Offence of threatening with weapon in public |
| |
(1) | A person is guilty of an offence if that person— |
| |
(a) | has an offensive weapon with him or her in a public place, |
| 40 |
(b) | unlawfully and intentionally threatens another person with the |
| |
| |
|
| |
|
| |
|
(c) | does so in such a way that there is an immediate risk of serious |
| |
physical harm to that other person. |
| |
(2) | For the purposes of this section physical harm is serious if it amounts |
| |
to grievous bodily harm for the purposes of the Offences against the |
| |
| 5 |
(3) | In this section “public place” and “offensive weapon” have the same |
| |
| |
(4) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or to a fine not exceeding the statutory |
| 10 |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding 4 years or to a fine, or to both. |
| |
(5) | Where a person aged 16 or over is convicted of an offence under this |
| |
section, the court must impose an appropriate custodial sentence (with |
| 15 |
or without a fine) unless the court is of the opinion that there are |
| |
particular circumstances which— |
| |
(a) | relate to the offence or to the offender, and |
| |
(b) | would make it unjust to do so in all the circumstances. |
| |
(6) | In this section “appropriate custodial sentence” means— |
| 20 |
(a) | in the case of a person who is aged 18 or over when convicted, |
| |
a sentence of imprisonment for a term of at least 6 months; |
| |
(b) | in the case of a person who is aged at least 16 but under 18 when |
| |
convicted, a detention and training order of at least 4 months. |
| |
(7) | In considering whether it is of the opinion mentioned in subsection (5) |
| 25 |
in the case of a person aged under 18, the court must have regard to its |
| |
duty under section 44 of the Children and Young Persons Act 1933. |
| |
(8) | In relation to an offence committed before the commencement of |
| |
section 154(1) of the Criminal Justice Act 2003, the reference in |
| |
subsection (4)(a) to 12 months is to be read as a reference to 6 months. |
| 30 |
(9) | In relation to times before the coming into force of paragraph 180 of |
| |
Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
| |
reference in subsection (6)(a) to a sentence of imprisonment, in relation |
| |
to an offender aged under 21 at the time of conviction, is to be read as a |
| |
reference to a sentence of detention in a young offender institution. |
| 35 |
(10) | If on a person’s trial for an offence under this section (whether on |
| |
indictment or not) the person is found not guilty of that offence but it is |
| |
proved that the person committed an offence under section 1, the |
| |
person may be convicted of the offence under that section.” |
| |
(2) | In the Criminal Justice Act 1988 after section 139A (offence of having article |
| 40 |
with blade or point or offensive weapon on school premises) insert— |
| |
“139AA | Offence of threatening with article with blade or point or offensive |
| |
| |
(1) | A person is guilty of an offence if that person— |
| |
(a) | has an article to which this section applies with him or her in a |
| 45 |
public place or on school premises, |
| |
|
| |
|
| |
|
(b) | unlawfully and intentionally threatens another person with the |
| |
| |
(c) | does so in such a way that there is an immediate risk of serious |
| |
physical harm to that other person. |
| |
(2) | In relation to a public place this section applies to an article to which |
| 5 |
| |
(3) | In relation to school premises this section applies to each of these— |
| |
(a) | an article to which section 139 applies; |
| |
(b) | an offensive weapon within the meaning of section 1 of the |
| |
Prevention of Crime Act 1953. |
| 10 |
(4) | For the purposes of this section physical harm is serious if it amounts |
| |
to grievous bodily harm for the purposes of the Offences against the |
| |
| |
| |
“public place” has the same meaning as in section 139; |
| 15 |
“school premises” has the same meaning as in section 139A. |
| |
(6) | A person guilty of an offence under this section is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding 12 months or to a fine not exceeding the statutory |
| |
| 20 |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding 4 years or to a fine, or to both. |
| |
(7) | Where a person aged 16 or over is convicted of an offence under this |
| |
section, the court must impose an appropriate custodial sentence (with |
| |
or without a fine) unless the court is of the opinion that there are |
| 25 |
particular circumstances which— |
| |
(a) | relate to the offence or to the offender, and |
| |
(b) | would make it unjust to do so in all the circumstances. |
| |
(8) | In this section “appropriate custodial sentence” means— |
| |
(a) | in the case of a person who is aged 18 or over when convicted, |
| 30 |
a sentence of imprisonment for a term of at least 6 months; |
| |
(b) | in the case of a person who is aged at least 16 but under 18 when |
| |
convicted, a detention and training order of at least 4 months. |
| |
(9) | In considering whether it is of the opinion mentioned in subsection (7) |
| |
in the case of a person aged under 18, the court must have regard to its |
| 35 |
duty under section 44 of the Children and Young Persons Act 1933. |
| |
(10) | In relation to an offence committed before the commencement of |
| |
section 154(1) of the Criminal Justice Act 2003, the reference in |
| |
subsection (6)(a) to 12 months is to be read as a reference to 6 months. |
| |
(11) | In relation to times before the coming into force of paragraph 180 of |
| 40 |
Schedule 7 to the Criminal Justice and Court Services Act 2000, the |
| |
reference in subsection (8)(a) to a sentence of imprisonment, in relation |
| |
to an offender aged under 21 at the time of conviction, is to be read as a |
| |
reference to a sentence of detention in a young offender institution. |
| |
(12) | If on a person’s trial for an offence under this section (whether on |
| 45 |
indictment or not) the person is found not guilty of that offence but it is |
| |
|
| |
|
| |
|
proved that the person committed an offence under section 139 or |
| |
139A, the person may be convicted of the offence under that section.” |
| |
(3) | Schedule 26 (knives and offensive weapons: minor and consequential |
| |
| |
144 | Offence of causing serious injury by dangerous driving |
| 5 |
(1) | The Road Traffic Act 1988 is amended as follows. |
| |
(2) | After section 1 insert— |
| |
“1A | Causing serious injury by dangerous driving |
| |
(1) | A person who causes serious injury to another person by driving a |
| |
mechanically propelled vehicle dangerously on a road or other public |
| 10 |
place is guilty of an offence. |
| |
(2) | In this section “serious injury” means— |
| |
(a) | in England and Wales, physical harm which amounts to |
| |
grievous bodily harm for the purposes of the Offences against |
| |
| 15 |
(b) | in Scotland, severe physical injury.” |
| |
(3) | In section 2A (meaning of dangerous driving) in subsections (1) and (2) after |
| |
“sections 1” insert “, 1A”. |
| |
(4) | Section 1A inserted by subsection (2) has effect only in relation to driving |
| |
occurring after that subsection comes into force. |
| 20 |
(5) | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
| |
punishment of offences under the Traffic Acts) in the appropriate place |
| |
| |
|
(6) | In the entry inserted by subsection (5), in relation to an offence committed |
| |
before the commencement of section 154(1) of the Criminal Justice Act 2003 “12 |
| |
months” is to be read as “6 months (in England and Wales) or 12 months (in |
| 35 |
| |
(7) | Schedule 27 (causing serious injury by dangerous driving: minor and |
| |
consequential amendments) has effect. |
| |
145 | Offence of squatting in a residential building |
| |
(1) | A person commits an offence if— |
| 40 |
|
| |
|
| |
|
(a) | the person is in a residential building as a trespasser having entered it |
| |
| |
(b) | the person knows or ought to know that he or she is a trespasser, and |
| |
(c) | the person is living in the building or intends to live there for any |
| |
| 5 |
(2) | The offence is not committed by a person holding over after the end of a lease |
| |
or licence (even if the person leaves and re-enters the building). |
| |
(3) | For the purposes of this section— |
| |
(a) | “building” includes any structure or part of a structure (including a |
| |
temporary or moveable structure), and |
| 10 |
(b) | a building is “residential” if it is designed or adapted, before the time of |
| |
entry, for use as a place to live. |
| |
(4) | For the purposes of this section the fact that a person derives title from a |
| |
trespasser, or has the permission of a trespasser, does not prevent the person |
| |
| 15 |
(5) | A person convicted of an offence under this section is liable on summary |
| |
conviction to imprisonment for a term not exceeding 51 weeks or a fine not |
| |
exceeding level 5 on the standard scale (or both). |
| |
(6) | In relation to an offence committed before the commencement of section 281(5) |
| |
of the Criminal Justice Act 2003, the reference in subsection (5) to 51 weeks is |
| 20 |
to be read as a reference to 6 months. |
| |
(7) | For the purposes of subsection (1)(a) it is irrelevant whether the person entered |
| |
the building as a trespasser before or after the commencement of this section. |
| |
(8) | In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose |
| |
| 25 |
(a) | in subsection (1)(c), after sub-paragraph (v) insert— |
| |
“(vi) | section 145 of the Legal Aid, Sentencing and |
| |
Punishment of Offenders Act 2012 (squatting in |
| |
a residential building);”; |
| |
(b) | in subsection (3), for “or (iv)” substitute “, (iv) or (vi)”. |
| 30 |
(9) | In Schedule 10 to the Criminal Justice and Public Order Act 1994 |
| |
(consequential amendments), omit paragraph 53(b). |
| |
146 | Scrap metal dealing: increase in penalties for existing offences |
| |
(1) | The Scrap Metal Dealers Act 1964 is amended as follows. |
| |
(2) | For the following words (which have effect as references to a fine not exceeding |
| 35 |
level 3 on the standard scale) substitute in each case “a fine not exceeding level |
| |
5 on the standard scale”— |
| |
(a) | in section 1(7) (dealer failing to register) the words from “a fine” to the |
| |
| |
(b) | in section 2(6) (dealer failing to record dealings) the words from “a fine” |
| 40 |
| |
(c) | in section 3(4) (itinerant collector failing to keep receipts) the words |
| |
from “a fine” to the end; |
| |
(d) | in section 4(4) (convicted dealer failing to meet additional |
| |
requirements) the same words before “and the court”. |
| 45 |
|
| |
|