Police, Crime, Sentencing and Courts Bill (HL Bill 40)

continued    Part 3 continued    

(b)subsections (10) and (11) (which amend section 57A of that Act).

32In Schedule 1, omit—

(a)paragraph 3(8) (which amends section 54 of the Road Traffic
Offenders Act 1988);

(b)5paragraph 4 (which amends section 56 of that Act);

(c)paragraph 18(5) (which amends section 79 of that Act);

(d)paragraph 25 (which amends section 2 of the Road Traffic (New
Drivers) Act 1995);

(e)paragraph 26(3) and (4) (which amend section 3 of that Act);

(f)10paragraph 27(2), (3), (4), (5)(a) and (b), (6), (7), (8)(a) and (b), (9) and
(10) (which amend Schedule 1 to that Act).

33In Schedule 2, omit paragraph 25(2)(b) (which amends section 76 of the Road
Traffic Offenders Act 1988).

34In Schedule 3, omit—

(a)15paragraph 5(3) and (4) (which amend section 93 of the Road Traffic
Act 1988);

(b)paragraph 9(5) (which amends section 99 of that Act);

(c)paragraph 26(6) (which amends section 164 of that Act);

(d)paragraph 32(3) and (4) (which amend section 26 of the Road Traffic
20Offenders Act 1988);

(e)paragraph 33(5) (which amends section 27 of that Act);

(f)paragraph 44(3) (which amends section 47 of that Act);

(g)paragraph 46 (which amends section 56 of that Act);

(h)paragraph 49(3) (which amends section 61A of that Act);

(i)25paragraph 54 (which amends section 77A of that Act);

(j)paragraph 67(2), (3)(a) and (b) and (4) (which amend section 2 of the
Road Traffic (New Drivers) Act 1995);

(k)paragraph 68 (which amends section 3 of that Act);

(l)paragraph 70 (which amends Schedule 1 to that Act).

30Criminal Justice and Courts Act 2015 (c. 2)

35In Schedule 11 to the Criminal Justice and Courts Act 2015, omit—

(a)paragraph 9 (which amends section 7 of the Road Traffic Offenders
Act 1988);

(b)paragraph 11 (which amends section 27 of that Act).

Section 98

35Schedule 10 Cautions: consequential amendments

Rehabilitation of Offenders Act 1974 (c. 53)

1The Rehabilitation of Offenders Act 1974 is amended as follows.

2In section 8A (protection afforded to spent cautions), in subsection (2)—

(a)for paragraph (a) substitute—

“(aa)a diversionary caution under Part 6 of the Police,
Crime, Sentencing and Courts Act 2021;

(ab)a community caution under that Part of that Act;

(ac)5a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
offence committed before the coming into force of
section 97 of the Police, Crime, Sentencing and Courts
Act 2021;

(ad)10a caution given under section 66A of the Crime and
Disorder Act 1998 (conditional cautions for children
and young persons);”;

in paragraph (d), for “(a) or” substitute “(aa) to”.

3(1)Schedule 2 (protection for spent cautions) is amended as follows.

(2)15In paragraph 1(1)(a), for the words from “conditional” to “section 8A(2)(a))”
substitute “caution referred to in section 8A(2)(aa), (ac) or (ad)”.

(3)In paragraph 2(1)(f), for “conditional caution” substitute “caution referred to
in section 8A(2)(aa) to (ad)”.

Bail Act 1976 (c. 63)

420The Bail Act 1976 is amended as follows.

5In section 3A (conditions of bail in case of police bail), in subsection (1), for
“Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the Police,
Crime, Sentencing and Courts Act 2021”.

6In section 5A (supplementary provision in case of police bail), in subsection
25(1), for “Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the
Police, Crime, Sentencing and Courts Act 2021”.

7Paragraphs 5 and 6 do not affect the operation of the Bail Act 1976 in relation
to bail granted under Part 3 of the Criminal Justice Act 2003 in relation to
offences committed before the day on which section 97(2) comes into force.

30Matrimonial and Family Proceedings Act 1984 (c. 42)

8In section 31R of the Matrimonial and Family Proceedings Act 1984
(prohibition of cross-examination in person: victims of offences), in
subsection (5), in paragraph (a) of the definition of “caution”, for sub-
paragraph (i) substitute—

“(i)35a diversionary caution or community caution given
under Part 6 of the Police, Crime, Sentencing and
Courts Act 2021,

(ia)a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
40offence committed before the coming into force of
section 97 of the Police, Crime, Sentencing and Courts
Act 2021,”.

Police Act 1997 (c. 50)

9The Police Act 1997 is amended as follows.

10(1)Section 112 (criminal conviction certificates) is amended as follows.

(2)In subsection (2), in paragraphs (a) and (b), for “conditional” substitute
“relevant”.

(3)In subsection (3)—

(a)5in the definition of “central records” for “conditional” substitute
“relevant”;

(b)omit the definition of “conditional caution”;

(c)at the end insert—

• ““relevant caution” means—

  (a)

  10a diversionary caution given under Part 6 of
  the Police, Crime, Sentencing and Courts Act
  2021,

  (b)

  a caution given under section 22 of the
  Criminal Justice Act 2003 (conditional
  15cautions) in respect of an offence committed
  before the coming into force of section 97 of
  the Police, Crime, Sentencing and Courts Act
  2021, or

  (c)

  a caution given under section 66A of the
  20Crime and Disorder Act 1998,

  other than one that is spent for the purposes of
  Schedule 2 to the Rehabilitation of Offenders Act
  1974;”.

11(1)Section 116A (up-dating certificates) is amended as follows.

(2)25In subsection (10), in paragraph (a), for “conditional cautions” substitute
“relevant cautions”.

(3)In subsection (11), after the definition of “exempted question” insert—

• ““relevant caution” has the same meaning as in section 112;”.

Police and Criminal Evidence Act 1984 (c. 60)

1230The Police and Criminal Evidence Act 1984 is amended as follows.

13In section 34 (limitation on police detention), in subsection (5E)—

(a)for “includes” substitute “means”;

(b)for paragraph (a) substitute—

“(a)a diversionary or community caution under Part 6 of
35the Police, Crime, Sentencing and Courts Act 2021;”.

14In section 37B (consultation with DPP), in subsection (7), for “section 17 of
the Criminal Justice and Courts Act 2015” substitute “any restriction on the
giving of the caution under Part 6 of the Police, Crime, Sentencing and
Courts Act 2021”.

1540In section 60B (notification of decision not to prosecute person interviewed),
in subsection (4)—

(a)for “includes” substitute “means”;

(b)for paragraph (a) substitute—

“(a)a diversionary or community caution under Part 6 of
45the Police, Crime, Sentencing and Courts Act 2021;”.

16In section 63B (testing for presence of Class A drugs), in subsection (7)(aa),
for “conditional caution under Part 3 of the Criminal Justice Act 2003”
substitute “diversionary caution under Part 6 of the Police, Crime,
Sentencing and Courts Act 2021”.

175Omit section 63L (which relates to persons given a penalty notice).

18In section 64A (photographing of suspects), in subsection (1B)—

(a)after paragraph (ca) insert—

“(cb)given a diversionary or community caution under
Part 6 of the Police, Crime, Sentencing and Courts
10Act 2021;”;

(b)in paragraph (d), omit the words from “a penalty notice” to “2001,”;

(c)after paragraph (e) insert “or”;

(d)omit paragraph (g) (and the “or” immediately before it).

19Paragraphs 13 to 18 do not affect the operation of the Police and Criminal
15Evidence Act 1984 in relation to conditional cautions given under Part 3 of
the Criminal Justice Act 2003, or penalty notices given under section 2 of the
Criminal Justice and Police Act 2001, in relation to offences committed
before the day on which section 97(2) and (3) come into force.

Crime and Disorder Act 1998 (c. 37)

2020The Crime and Disorder Act 1998 is amended as follows.

21In section 66E (failure to comply with conditions), for subsections (4) and (5)
substitute—

“(4)If a constable has reasonable grounds for believing that the offender
has failed without reasonable excuse to comply with any of the
25conditions attached to a youth conditional caution, the constable
may arrest the offender without warrant.

(5)Sections 85(2) to (10) and 86 of the Police, Crime, Sentencing and
Courts Act 2021 apply in relation to a person arrested under
subsection (4) above.”

2230In section 66G (code of practice), in subsection (2)—

(a)in paragraph (j), for the words from “conferred by” to the end
substitute “under section 66E(4)”;

(b)in paragraph (k), for “section 24A(2) of that Act” substitute “section
85(2) and (3) of the Police, Crime, Sentencing and Courts Act 2021”.

35Police Reform Act 2002 (c. 30)

23The Police Reform Act 2002 is amended as follows.

24In section 43 (railways safety accreditation scheme)—

(a)in subsection (6), omit “Subject to subsection (7)”;

(b)omit subsection (7).

2540In Schedule 5 (powers exercisable by accredited persons), omit the
following—

(a)paragraph 1(2)(aa) and (2A);

(b)paragraph 4 and the preceding italic heading;

(c)paragraph 9A and the preceding italic heading.

26Omit Schedule 5A (powers exercisable by accredited inspectors).

Licensing Act 2003 (c. 17)

27In section 147A of the Licensing Act 2003 (persistently selling alcohol to
5children), in subsection (7), omit paragraph (c) and the preceding “or”.

Courts Act 2003 (c. 39)

28The Courts Act 2003 is amended as follows.

29In section 85EA (prohibition of cross-examination in person: victims of
offences), in subsection (5), in paragraph (a) of the definition of “caution”, for
10sub-paragraph (i) substitute—

“(i)a diversionary caution or community caution given
under Part 6 of the Police, Crime, Sentencing and
Courts Act 2021,

(ia)a caution given under section 22 of the Criminal
15Justice Act 2003 (conditional cautions) in respect of an
offence committed before the coming into force of
section 97 of the Police, Crime, Sentencing and Courts
Act 2021,”.

30In Schedule 5 (collection of fines), in paragraph 3(1)(b), for sub-paragraph
20(ii) substitute—

“(ii)section 91 of the Police, Crime, Sentencing and
Courts Act 2021, or”.

Criminal Justice Act 2003 (c. 44)

31In section 330 of the Criminal Justice Act 2003 (orders and rules), in
25subsection (5)—

(a)in paragraph (a), omit “section 25(5)”;

(b)omit paragraph (aa).

Offender Management Act 2007 (c. 21)

32(1)Section 1 of the Offender Management Act 2007 (meaning of “the probation
30purposes”) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (b)—

(i)for “conditional cautions”, in the first place, substitute
“diversionary or community cautions”;

(ii)35for “conditional cautions”, in the second place, substitute
“them”;

in paragraph (e), for “conditional cautions” substitute “diversionary
or community cautions”.

In subsection (4), omit the definition of “conditional caution”.

(4)40In subsection (5), for “conditional cautions” substitute “diversionary or
community cautions”.

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

33The Anti-social Behaviour, Crime and Policing Act 2014 is amended as
follows.

34In section 101 (community remedy document), in subsection (9), in the
5definition of “out of court disposal process”, for “conditional caution”
substitute “diversionary caution, community caution”.

35(1)Section 102 (out-of-court disposals) is amended as follows.

(2)In subsection (2)—

(a)after paragraph (b) insert—

“(ba)10a person authorised by a prosecution authority under
section 77(7) of the Police, Crime, Sentencing and
Courts Act 2021 for purposes relating to diversionary
or community cautions;”;

(b)in paragraph (c), omit “section 22 of the Criminal Justice Act 2003
15(conditional cautions) or”.

(3)In subsection (6)—

(a)in the definition of “caution”, for the words from “includes” to “2003”
substitute “means a diversionary or community caution given under
Part 6 of the Police, Crime, Sentencing and Courts Act 2021”;

(b)20for the definition of “investigating officer” and “relevant prosecutor”
substitute—

• ““investigating officer” has the meaning given by
  section 100 of the Police, Crime, Sentencing and
  Courts Act 2021;

• 25“relevant prosecutor” has the meaning given by section
  66H of the Crime and Disorder Act 1998;”.

36Paragraphs 34 and 35 do not affect the operation of sections 101 and 102 of
the Anti-social Behaviour, Crime and Policing Act 2014 in relation to
conditional cautions given under Part 3 of the Criminal Justice Act 2003 in
30respect of offences committed before the day on which section 97(2) comes
into force.

Criminal Justice and Courts Act 2015 (c. 2)

37In the Criminal Justice and Courts Act 2015, omit sections 17 and 18
(restrictions on use of cautions).

35Other consequential repeals

38(1)Omit the following (which make amendments to Part 3 of the Criminal
Justice Act 2003, which is repealed by section 97(2) above)—

(a)paragraph 129 of Schedule 4 to the Commissioners for Revenue and
Customs Act 2005;

(b)40sections 17 and 18 of the Police and Justice Act 2006;

(c)paragraphs 60 to 62 of Schedule 26 to the Criminal Justice and
Immigration Act 2008;

(d)sections 133 and 134 of the Legal Aid, Sentencing and Punishment of
Offenders Act 2012;

(e)section 103(1) of the Anti-social Behaviour, Crime and Policing Act
2014;

(f)sections 60, 64(8) and 66(10) of, and paragraph 16(2) of Schedule 12
to, the Policing and Crime Act 2017;

(g)5paragraphs 14 to 16 and 23 of Schedule 4 to this Act.

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
provisions in relation to cautions given under Part 3 of the Criminal Justice
Act 2003 in respect of offences committed before the day on which section
97(2) comes into force.

39(1)10Omit the following (which make amendments to Chapter 1 of Part 1 of the
Criminal Justice and Police Act 2001, which is repealed by section 97(3)
above)—

(a)section 15 of the Domestic Violence, Crime and Victims Act 2004;

(b)section 132 of, and Schedule 23 to, the Legal Aid, Sentencing and
15Punishment of Offenders Act 2012.

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
provisions in relation to penalty notices given under Chapter 1 of Part 1 of
the Criminal Justice and Police Act 2001 in respect of offences committed
before the day on which section 97(3) comes into force.

Section 101

20Schedule 11 Minimum sentences for particular offences: consequential amendments

Mental Health Act 1983 (c. 20)

1In section 37 of the Mental Health Act 1983 (power to order hospital
admission or guardianship), in subsection (1B)(d), for “312(2), 313(2), 314(2)
25or 315(2)” substitute “312(2A), 313(2A), 314(2A) or 315(2A)”.

Armed Forces Act 2006 (c. 52)

2The Armed Forces Act 2006 is amended as follows.

3In section 225(2) (third drug trafficking offence)—

(a)for “section 313(2)” substitute “section 313(2A)”,

(b)30for “particular circumstances” substitute “exceptional
circumstances”, and

(c)for paragraph (b) substitute—

“(b)justify not doing so.”

4In section 226(2) (third domestic burglary)—

(a)35for “section 314(2)” substitute “section 314(2A)”,

(b)for “particular circumstances” substitute “exceptional
circumstances”, and

(c)for paragraph (b) substitute—

“(b)justify not doing so.”

5(1)40Section 227A (offences of threatening with a weapon in public or on school
premises) is amended as follows.

(2)In subsection (1A)—

(a)for “particular circumstances” substitute “exceptional
circumstances”, and

(b)for paragraph (b) substitute—

“(b)5justify not doing so.”

(3)Sub-paragraph (2) has effect only if this Schedule comes into force before the
coming into force of paragraph 16(a) of Schedule 26 to the Sentencing Act
2020 (which omits subsection (1A) of section 227A of the Armed Forces Act
2006).

(4)10In subsection (2)—

(a)for “particular circumstances” substitute “exceptional
circumstances”, and

(b)for paragraph (b) substitute—

“(b)justify not doing so.”

615In section 237 (duty to have regard to purposes of sentencing etc), in
subsection (3)—

(a)in paragraph (bc), for “section 313(2)” substitute “section 313(2A)”,
and

(b)in paragraph (bd), for “section 314(2)” substitute “section 314(2A)”.

7(1)20Section 239 (reduction in sentences for guilty pleas) is amended as follows.

(2)In subsection (4), for “section 313(2) or 314(2)” substitute “section 313(2A) or
314(2A)”.

(3)In subsection (5), for “section 313(2) or 314(2)”, in both places it occurs,
substitute “section 313(2A) or 314(2A)”.

825In section 260 (discretionary custodial sentences: general restrictions), in
subsection (1)—

(a)in paragraph (e), for “section 313(2)” substitute “section 313(2A)”,
and

(b)in paragraph (f), for “section 314(2)” substitute “section 314(2A)”.

930In section 273 (review of unduly lenient sentence by Court Martial Appeal
Court), in subsection (6)(b)—

(a)in sub-paragraph (iv), for “section 313(2)” substitute “section
313(2A)”, and

(b)in sub-paragraph (v), for “section 314(2)” substitute “section
35314(2A)”.

Section 128

Schedule 12 Removal of attendance centre requirements for adults: related amendments

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

1The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

2(1)40Section 60 (attendance centre orders) is amended as follows (but see sub-
paragraph (4)).

(2)In subsection (1)—

(a)in paragraph (b), for “21” substitute “18”;

(b)omit paragraph (c) and the word “or” before it.

(3)In subsection (4)(b), for the words from “16 or over” to the end, substitute “16
5or 17”.

(4)Sub-paragraphs (1) to (3) have no effect if paragraph 102 of Schedule 32 to
the Criminal Justice Act 2003 (which confines the effect of section 60 to
persons aged under 16) is in force when this paragraph comes into force.

3In Schedule 5 (further provision about attendance centre orders), in
10paragraph 7(1), omit “or (c)”.

Criminal Justice Act 2003 (c. 44)

4The Criminal Justice Act 2003 (the “2003 Act”) is amended as follows.

5(1)Section 221 (provision of attendance centres) is amended as follows.

(2)In subsection (2), omit “aged under 25”.

(3)15After subsection (3) insert—

“(4)In this section “relevant order” means—

(a)an order under section 177(1) (community order) or 189(1)
(suspended sentence order);

(b)a relevant order within the meaning given by section 397 of
20the Sentencing Code, made in respect of an offence of which
the offender was convicted before the day on which
paragraph 5 of Schedule 12 to the Police, Crime, Sentencing
and Courts Act 2021 came into force.”

6(1)In section 300(2) (power to impose attendance centre requirement on fine
25defaulter)—

(a)if the relevant amendment is not in force when this paragraph comes
into force, in paragraph (c) for “under 25” substitute “under 18”;

(b)if the relevant amendment is in force when this paragraph comes
into force, omit paragraph (c) and the word “or” before it.

(2)30In sub-paragraph (1) the “relevant amendment” means paragraph 2(3)(a)(i)
of Schedule 26 to the Criminal Justice and Immigration Act 2008 (which
confines the application of section 300(2) of the 2003 Act to those over 18).

7If paragraph 102 of Schedule 32 is not in force when this paragraph comes
into force, in sub-paragraph (2)(b) of that paragraph 102 (amendment of
35section 61(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000), for
“21” substitute “18”.

Sentencing Code

8The Sentencing Code is amended as follows.

9(1)Schedule 11 (transfer of community orders to Scotland or Northern Ireland)
40is amended as follows.

(2)In paragraph 12(2)—

(a)at the end of paragraph (g) insert “, where such a requirement is
available (see section 207(3))”;

(b)at the end of paragraph (h) insert “, where such a requirement is
available (see section 207(4))”.

(3)5In paragraph 25(3), omit paragraph (b) (but not the “or” at the end of that
paragraph).

10(1)Schedule 17 (transfer of suspended sentence orders to Scotland or Northern
Ireland) is amended as follows.

(2)In paragraph 9(2)—

(a)10at the end of paragraph (g) insert “, where such a requirement is
available (see section 291(3))”;

(b)at the end of paragraph (h) insert “, where such a requirement is
available (see section 291(4))”.

(3)In paragraph 32—

(a)15in sub-paragraph (2), omit paragraph (b) (but not the “or” at the end
of that paragraph);

(b)in sub-paragraph (5)—

(i)at the end of paragraph (g) insert “, where such a requirement
is available (see section 291(3))”;

(ii)20at the end of paragraph (h) insert “, where such a requirement
is available (see section 291(4))”.

Section 129

Schedule 13 Community and suspended sentence orders: special procedures relating to
review and breach

25Part 1 Amendments to the Sentencing Code

Introductory

1The Sentencing Code is amended as specified in this Part of this Schedule.

Orders that qualify for special procedures

230After section 395 insert—

“395A Community and suspended sentence orders qualifying for special
procedures

(1)A community order or suspended sentence order qualifies for
special procedures for the purposes of a relevant provision if the
35order—

(a)is of a description specified in regulations for the purposes of
that provision, and

(b)is made within a period, or after a time, so specified.

In subsection (1) “relevant provision” means—