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


Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 25 — Rehabilitation of offenders: consequential provision
Part 1 — Rehabilitation of offenders: general

293

 

Terrorism Prevention and Investigation Measures Act 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

an individual is to be treated as having been convicted of an offence)—

(a)   

at the end of sub-paragraph (ii) insert “or”, and

5

(b)   

omit sub-paragraph (iv) and the “or” preceding that sub-paragraph.

Schedule 25

Section 142

 

Rehabilitation of offenders: consequential provision

Part 1

Rehabilitation of offenders: general

10

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

15

proceedings) for “Great Britain” substitute “England and Wales”.

4          

Omit 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”.

20

6     (1)  

Section 7 (limitations on rehabilitation under the Act) is amended as follows.

      (2)  

In 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

25

is not an alternative to prosecution (within the meaning of section 8AA)”.

9     (1)  

Section 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,”.

30

10         

After section 10(1) (orders) insert—

“(1A)   

Any 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,

35

transitional, transitory or saving provision.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 25 — Rehabilitation of offenders: consequential provision
Part 2 — Rehabilitation of offenders: consequential repeals

294

 

(1B)   

The 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).

5

Rehabilitation 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

10

proceedings) 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”.

15

      (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)”

substitute “accused person”.

20

      (3)  

Omit subsection (8).

Part 2

Rehabilitation of offenders: consequential repeals

 

Short title

Extent of repeal

 
 

Armed Forces Act 1976

In Schedule 9, paragraph 21.

 

25

 

Criminal Law Act 1977

In section 63(2), the words “Rehabilitation of

 
  

Offenders Act 1974;”.

 
  

In Schedule 12, the entry relating to the

 
  

Rehabilitation of Offenders Act 1974.

 
 

Magistrates’ Courts Act 1980

In Schedule 7, paragraph 134.

 

30

 

Armed Forces Act 1981

In Schedule 4, paragraph 2(2).

 
 

Criminal Justice Act 1982

In Schedule 14, paragraph 37.

 
 

Mental Health (Amendment)

In Schedule 3, paragraph 49.

 
 

Act 1982

  
 

Mental Health Act 1983

In Schedule 4, paragraph 39.

 

35

 

Criminal Justice Act 1988

In Schedule 8, paragraph 9(b).

 
 

Children Act 1989

In Schedule 14, paragraph 36(7).

 
 

Criminal Justice Act 1991

In section 68, paragraph (c) (but not the word

 
  

“and” at the end of the paragraph).

 
 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 26 — Knives and offensive weapons: minor and consequential amendments

295

 
 

Short title

Extent of repeal

 
 

Criminal Justice Act 1991—cont.

In Schedule 8, paragraph 5.

 
  

In Schedule 12, paragraph 22(2).

 
 

Criminal Justice and Public

In Schedule 9, paragraph 11.

 
 

Order Act 1994

In Schedule 10, paragraph 30.

 

5

 

Armed Forces Act 1996

Section 13(3) and (4).

 
  

Schedule 4.

 
 

Crime and Disorder Act 1998

In Schedule 8, paragraph 35.

 
 

Youth Justice and Criminal

In Schedule 4, paragraph 6.

 
 

Evidence Act 1999

  

10

 

Powers of Criminal Courts

In Schedule 9, paragraph 48(3) to (10).

 
 

(Sentencing) Act 2000

In Schedule 11, paragraph 13.

 
 

Criminal Justice and Court

In Schedule 7, paragraph 49.

 
 

Services Act 2000

  
 

Criminal Justice Act 2003

In Part 1 of Schedule 32, paragraph 18(3).

 

15

 

Armed Forces Act 2006

In Schedule 16, paragraphs 65(4) to (8) and 66.

 
 

Criminal Justice and

In Part 1 of Schedule 4, paragraph 21.

 
 

Immigration Act 2008

In Schedule 10, paragraphs 2 and 5.

 
 

Policing and Crime Act 2009

Section 18(2).

 
 

Schedule 26

20

Section 143

 

Knives and offensive weapons: minor and consequential amendments

Prevention of Crime Act 1953 (c. 14)

1          

In 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”.

25

Mental Health Act 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)  

Before paragraph (a) insert—

“(za)   

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

30

      (3)  

After paragraph (a) insert—

“(aa)   

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

Police and Criminal Evidence Act 1984 (c. 60)

3          

In 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

35

139AA”.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 26 — Knives and offensive weapons: minor and consequential amendments

296

 

Criminal Justice Act 1988 (c. 33)

4          

The Criminal Justice Act 1988 is amended as follows.

5     (1)  

Section 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;”.

5

      (3)  

After sub-paragraph (i) insert—

“(ia)   

section 139AA(7) of this Act;”.

6     (1)  

Section 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”.

10

      (3)  

In subsection (4)—

(a)   

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

“(a)   

”;

(b)   

at the end add “, and

(b)   

the reference in subsection (1) to section 139AA is

15

omitted.”

7          

In section 172(3) (provisions extending to Northern Ireland) for “sections 139

to 139B” substitute—

“section 139;

section 139A;

20

section 139B;”.

Youth Justice and Criminal Evidence Act 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.

25

      (2)  

After 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

30

article with blade or point or offensive weapon).”

Powers of Criminal Courts (Sentencing) Act 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

35

Act 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

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 26 — Knives and offensive weapons: minor and consequential amendments

297

 

subsection (1) insert—

“(1A)   

Subsection (1) applies with the omission of paragraph (b) in the case

of 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

5

sentence for offence of threatening with offensive weapon in

public);

(b)   

section 139AA(7) of the Criminal Justice Act 1988 (minimum

sentence for offence of threatening  with article with blade or

point or offensive weapon).”

10

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

Prevention 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)

15

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

the Criminal Justice Act 1988”.

14    (1)  

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

      (2)  

After paragraph (a) insert—

20

“(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)

15         

The Criminal Justice Act 2003 is amended as follows.

25

16    (1)  

Section 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),”.

30

      (3)  

After “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.

35

      (2)  

Before 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—

40

“(ia)   

section 139AA(7) of the Criminal Justice Act 1988

(minimum sentence for offence of threatening with

article with blade or point or offensive weapon),”.

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 26 — Knives and offensive weapons: minor and consequential amendments

298

 

18    (1)  

Section 144 (reduction in sentences for early guilty pleas) is amended as

follows.

      (2)  

In subsection (2)—

(a)   

for “subsection (2) of section 110 or 111 of the Sentencing Act”

substitute “a provision mentioned in subsection (3)”;

5

(b)   

for “that subsection” in each place substitute “that provision”.

      (3)  

After that subsection insert—

“(3)   

The 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;

10

section 111(2) of the Sentencing Act;

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

(4)   

In 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

15

considers appropriate after taking into account any matter referred

to in subsection (1) of this section.

(5)   

The 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.”

20

19    (1)  

Section 150 (community sentence not available where sentence fixed by law

etc) is amended as follows.

      (2)  

After paragraph (a) insert—

“(aa)   

falls to be imposed under section 1A(5) of the Prevention of

Crime Act 1953 (minimum sentence for offence of

25

threatening with offensive weapon in public),”.

      (3)  

After paragraph (b) insert—

“(ba)   

falls to be imposed under section 139AA(7) of the Criminal

Justice Act 1988 (minimum sentence for offence of

threatening with article with blade or point or offensive

30

weapon),”.

20         

In section 152(1)(b) (general restrictions on imposing discretionary custodial

sentences) for “under section 51A(2) of the Firearms Act 1968 (c. 27),”

substitute “under section 1A(5) of the Prevention of Crime Act 1953, under

section 51A(2) of the Firearms Act 1968, under section 139AA(7) of the

35

Criminal Justice Act 1988,”.

21         

In section 153(2) (length of discretionary custodial sentences: general

provision) for “section 51A(2) of the Firearms Act 1968 (c. 27),” substitute

“section 1A(5) of the Prevention of Crime Act 1953, section 51A(2) of the

Firearms Act 1968, section 139AA(7) of the Criminal Justice Act 1988,”.

40

22    (1)  

Section 305(4) (interpretation of Part 12) is amended as follows.

      (2)  

Before paragraph (a) insert—

“(za)   

a sentence falls to be imposed under subsection (5) of section

1A of the Prevention of Crime Act 1953 if it is required by that

 
 

Legal Aid, Sentencing and Punishment of Offenders Bill
Schedule 26 — Knives and offensive weapons: minor and consequential amendments

299

 

subsection and the court is not of the opinion there

mentioned,”.

      (3)  

After paragraph (a) insert—

“(aa)   

a sentence falls to be imposed under subsection (7) of section

139AA of the Criminal Justice Act 1988 if it is required by that

5

subsection and the court is not of the opinion there

mentioned,”.

Armed Forces Act 2006 (c. 52)

23         

The Armed Forces Act 2006 is amended as follows.

24         

After section 227 (firearms offences) insert—

10

“227A   

Offences of threatening with a weapon in public or on school

premises

(1)   

This section applies if—

(a)   

a person aged 18 or over is convicted by a court of an offence

under section 42 (criminal conduct); and

15

(b)   

the corresponding offence under the law of England and

Wales is an offence under section 1A of the Prevention of

Crime Act 1953 or section 139AA of the Criminal Justice Act

1988 (threatening with article with blade or point or offensive

weapon in public or on school premises).

20

(2)   

The court must impose a sentence of imprisonment for a term of at

least 6 months 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.

25

(3)   

In relation to times before the coming into force of section 61 of the

Criminal Justice and Court Services Act 2000, the reference in

subsection (2) 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.”

30

25         

In section 237(3) (duty to have regard to purposes of sentencing etc) after

paragraph (b) insert “;

(c)   

an offence the sentence for which falls to be imposed under

section 227A(2).”

26         

In section 239 (reduction in sentences for guilty pleas) at the end insert—

35

“(6)   

Nothing in section 227A(2) prevents the court, after taking into

account any matter mentioned in subsection (2) of this section, from

imposing any sentence which is at least 80% of that specified in

section 227A(2).”

27         

In section 260(1)(b) (discretionary custodial sentences: general restrictions)

40

for “227” substitute “227A”.

28         

In section 261(3) (length of discretionary custodial sentences: general

provision) for “and 227” substitute “, 227 and 227A”.

 
 

 
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Revised 22 March 2012