Session 2010 - 12
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Legal Aid, Sentencing and Punishment of Offenders Bill


Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 23 — Penalty notices for disorderly behaviour

286

 

(i)   

a 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

5

regulations;

(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.

10

(6)   

In 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

15

reference 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

20

Act 2003 (places where a constable of the British Transport

Police Force has the powers of a constable), or

(b)   

otherwise relating to a railway.

(8)   

In subsection (7) “railway” means—

(a)   

a railway within the meaning given by section 67(1) of the

25

Transport and Works Act 1992 (interpretation), or

(b)   

a tramway within the meaning given by that section.”

5     (1)  

Section 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

30

persons of different ages).

      (3)  

After subsection (3) insert—

“(3A)   

The 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.”

35

      (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)  

In 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—

40

“(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

under section 8 for enforcement against A as a fine if subsection (7)

or (8) applies.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 23 — Penalty notices for disorderly behaviour

287

 

(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

offence to which the notice relates,

(b)   

pay the penalty, or

5

(c)   

request to be tried.

(8)   

This subsection applies if—

(a)   

A has asked, by the end of the suspended enforcement

period, to attend an approved educational course of the kind

mentioned in subsection (7)(a), and

10

(b)   

A does not, in accordance with regulations made under

subsection (9)—

(i)   

pay the course fee,

(ii)   

start such a course, or

(iii)   

complete such a course.

15

(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

20

by that officer);

(b)   

allowing A to request an extension of the time to do the

things mentioned in subsection (8)(b)(i) to (iii) (including

provision as to who should determine such a request and on

what basis);

25

(c)   

as to the procedure to be followed in relation to requests for

extensions of time (including provision allowing the

procedure to be determined by a chief officer of police for the

purposes of an educational course scheme established by that

officer);

30

(d)   

as to the consequences of a request for an extension of time

being granted (including provision specifying circumstances

in 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);

35

(e)   

as to the consequences of A failing to attend a course that A

has arranged to attend (including provision as to who should

determine 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

40

not completed, an approved educational course (including

provision as to who should determine whether those

circumstances have arisen and how that should be

determined).

(10)   

Regulations made under subsection (9)(b), (e) or (f) may permit a

45

person to delegate the function of making a determination.”

7     (1)  

Section 5 (general restriction on proceedings) is amended as follows.

      (2)  

In subsection (1) for “until the end of” substitute “during”.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 23 — Penalty notices for disorderly behaviour

288

 

      (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

an approved educational course relating to the offence, unless

5

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

section 4(9), an approved educational course relating to the

10

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)   

about educational course schemes;”.

15

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—

20

“(7)   

The Secretary of State may by regulations make provision as to the

directions 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—

25

“Orders and regulations

10A     

Orders 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

30

under this Chapter includes—

(a)   

power to make different provision for different cases,

circumstances or areas, and

(b)   

power to make incidental, supplementary, consequential,

transitional or transitory provision or savings.

35

(3)   

The Secretary of State may not make an order under section 1(2)

unless 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

40

under this Chapter and is not subject to any requirement that a draft

of the instrument be laid before, and approved by a resolution of,

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 24 — Youth cautions: consequential amendments

289

 

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—

““approved educational course” has the meaning given in

5

section 2(4);”.

      (3)  

After the definition of “defaulter” insert—

““educational course scheme” has the meaning given in section

2(4);”.

      (4)  

After the definition of “penalty notice” insert—

10

““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

of suspects etc) in subsection (1B)(d) omit “in uniform” in the first place

15

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

20

of an authorised constable”.

      (3)  

In 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

25

penalty notices) in sub-paragraph (2)(aa) omit “in uniform”.

      (5)  

In 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.

30

Schedule 24

Section 136

 

Youth cautions: consequential amendments

Rehabilitation of Offenders Act 1974 (c. 53)

1          

The Rehabilitation of Offenders Act 1974 is amended as follows.

2          

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

35

(a)   

omit paragraph (c), and

(b)   

in paragraph (d)—

(i)   

omit “, reprimand or warning”, and

(ii)   

for “paragraphs (a) to (c)” substitute “paragraph (a) or (b)”.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 24 — Youth cautions: consequential amendments

290

 

3          

In Schedule 2 (protection for spent cautions) in paragraph 2(1)(e) (meaning

of “ancillary circumstances”: things done in connection with a rehabilitation

programme)—

(a)   

for “warning under section 65” substitute “youth caution given

under section 66ZA”, and

5

(b)   

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

Police and Criminal Evidence Act 1984 (c. 60)

4          

The 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

10

“reprimanded” to “65” substitute “given a youth caution under section

66ZA”.

6          

In 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”.

15

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

20

(c)   

omit 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

25

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)   

omit paragraph (c) and the “and” at the end of that paragraph.

      (3)  

In subsection (3BA)(a) (conditions for application of subsection (3B)), for “,

30

cautioned 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

35

(b)   

omit 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.

40

11    (1)  

Schedule 2A (fingerprinting and samples: power to require attendance at

police station) is amended as follows.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 24 — Youth cautions: consequential amendments

291

 

      (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”

substitute “or cautioned”, and

(b)   

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

5

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)   

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

substitute “or cautioned”, and

10

(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))

12         

In 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

15

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)

13         

In section 20D(6) of the Jobseekers Act 1995 (meaning of “cautioned” for the

20

purposes of section 20C) omit paragraph (b) and the “or” preceding that

paragraph.

Crime and Disorder Act 1998 (c. 37)

14         

The Crime and Disorder Act 1998 is amended as follows.

15         

In section 38(4) (meaning of “youth justice services”)—

25

(a)   

for paragraph (aa) substitute—

“(aa)   

the provision of assistance to persons determining

whether youth cautions should be given under

section 66ZA below;”, and

(b)   

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

30

16         

In section 66H (interpretation)—

(a)   

in paragraph (a) (definition of “appropriate adult”) for “65(7)”

substitute “66ZA(7)”, and

(b)   

after paragraph (e) insert—

“(ea)   

“youth caution” has the meaning given by section

35

66ZA(1);”.

17         

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

Powers of Criminal Courts (Sentencing) Act 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

40

section subject to section 66(4) of the Crime and Disorder Act 1998)—

(a)   

for “66(4)” substitute “66ZB(6)”, and

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 24 — Youth cautions: consequential amendments

292

 

(b)   

for “reprimands and warnings” substitute “youth cautions”.

20         

In Schedule 9 (consequential amendments) omit paragraph 198.

Terrorism Act 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

5

offence 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,”.

10

Criminal Justice and Court Services Act 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)

25         

In section 133(1) of the Sexual Offences Act 2003 (interpretation of Part 2), in

15

the definition of “cautioned” omit paragraph (b) and the “or” preceding that

paragraph.

Criminal Justice Act 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

20

that paragraph.

Childcare Act 2006 (c. 21)

27         

In 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)

25

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)

and the “and” preceding that paragraph.

30         

In Schedule 9 (alternatives to prosecution for persons under 18) omit

paragraph 2.

30

Counter-Terrorism Act 2008 (c. 28)

31         

In section 18A(4) of the Counter-Terrorism Act 2008 (persons to be treated as

having been convicted of an offence for the purposes of section 18(3B) and

(3C)), omit paragraph (b) and the “or” preceding that paragraph.

 
 

 
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