Police, Crime, Sentencing and Courts Bill (HL Bill 72)

continued    Part 3 continued    

(3)Omit subsection (4) (which has already been repealed as it extends to
Scotland).

(4)Omit subsections (4A) and (5).

5(1)Section 47 (supplementary provisions as to disqualifications and
5endorsements) is amended as follows.

(2)In subsection (2), omit “a court orders the endorsement of a person’s driving
record it may, and where”.

(3)Omit subsection (2A).

6Omit section 56 (licence receipts).

7(1)10Section 57A (endorsement of driving records without hearings) is amended
as follows.

(2)In subsection (3)—

(a)after “penalty is made” insert “in accordance with this Part”;

(b)omit “and return to that person any licence surrendered by him
15under section 54 of this Act”.

(3)In subsection (4), omit “and return to that person any licence surrendered by
him under section 54 of this Act”.

(4)In subsection (5)(b), after “him” insert “in accordance with this Part”.

8(1)Section 61A (fixed penalty notice mistakenly given: exclusion of fixed
20penalty procedures) is amended as follows.

(2)In subsection (3), omit “and send the chief officer of police any licence sent
to him under section 54(7) of this Act”.

9(1)Section 69 (payment of penalty) is amended as follows.

(2)In subsection (1), omit “or authorised person”.

10(1)25Section 70 (registration certificates) is amended as follows.

(2)In subsection (2A)(a), omit “or given by an authorised person”.

(3)In subsection (3A)(a), omit “or given by an authorised person”.

11(1)Section 79 (statements by constables) is amended as follows.

(2)In subsection (1), omit “or a notice under section 54(5) of this Act”.

(3)30In subsection (6)—

(a)omit “, and” at the end of paragraph (a);

(b)omit paragraph (b).

12In section 80 (certificates about payment)—

(a)in the heading, after “payment” insert “etc”;

(b)35after paragraph (b) insert “, or

(c)that the identification requirements specified in
section 69(3C) or 75(8B) have been fulfilled,”;

(c)in the words after paragraph (b), for “it” substitute “the penalty”.

13(1)In section 84(a) (regulations), omit “54(5), 56,”.

(2)The reference in sub-paragraph (1) of this paragraph to section 84(a) is to be
read as a reference to section 84(1)(a), if the condition in sub-paragraph (3)
is met.

(3)The condition is that section 16(3) of the Domestic Violence, Crime and
5Victims Act 2004 (which amends section 84) comes into force before the
repeal of section 54(5) of the Road Traffic Offenders Act 1988 made by
section 73(3)(b) of this Act.

14(1)Section 89 (interpretation) is amended as follows.

(2)In subsection (1), omit the definition of “authorised person”.

(3)10In subsection (1), in the definition of “chief officer of police”, omit “(except
in the definition of “authorised person”)”.

15(1)Section 90 (index to Part 3) is amended as follows.

(2)In the table, omit the entry for “authorised person”.

16In section 91ZA(1) (application to Northern Ireland licence holders), after
15paragraph (c) insert—

“(ca)section 37A,”.

17In section 91A(1) (application to Community licence holders)—

(a)omit “and (9)(b),”;

(b)for “and 27” substitute “, 27 and 37A”.

18(1)20Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended
as follows.

(2)In paragraph 2(a), after “section” insert “37A or”.

(3)In paragraph 2(d)—

(a)after “under” insert “section 3A(2) or”;

(b)25for “3(5)” substitute “5A(2) or 8A(2)”.

19In Part 1 of Schedule 2 (prosecution and punishment of offences), in the
entry relating to section 27 of the Road Traffic Offenders Act 1988, for the
words in column 2 (general nature of offence) substitute—

35Part 2 Amendments to other Acts

Road Traffic Act 1988 (c. 52)

20The Road Traffic Act 1988 is amended as follows.

21In section 93 (revocation of licence because of disability or prospective
disability), omit subsection (4).

22In section 99 (duration of licences), omit subsection (6).

23(1)Section 164 (power of constables to require production of driving licence and
5in certain cases statement of date of birth) is amended as follows.

(2)After subsection (5), insert—

“(5A)If a person is required to surrender the person’s licence or test
certificate to the Secretary of State under—

(a)section 37A of the Road Traffic Offenders Act 1988, or

(b)10section 3A of, or paragraph 5A or 8A of Schedule 1 to, the
Road Traffic (New Drivers) Act 1995,

and fails to do so, a constable or vehicle examiner may require the
person to produce the licence or test certificate and, upon its being
produced, may seize it and deliver it to the Secretary of State.

(5B)15In subsection (5A), “test certificate” has the same meaning as in
Schedule 1 to the Road Traffic (New Drivers) Act 1995.”

(3)In subsection (6), for “(7) to” substitute “(8) and”.

(4)Omit subsection (7).

24In section 166 (powers of certain officers as respects goods vehicles and
20passenger-carrying vehicles), for “164(1) or (3)” substitute “164(1), (3) or
(5A)”.

Crime (International Co-operation) Act 2003 (c. 32)

25In section 63 of the Crime (International Co-operation) Act 2003 (production
of licence: Great Britain), omit subsection (3).

25Part 3 Consequential repeals of amending enactments

Road Traffic (New Drivers) Act 1995 (c. 13)

26In Schedule 2 to the Road Traffic (New Drivers) Act 1995, omit paragraph 4
(which amends section 47 of the Road Traffic Offenders Act 1988).

30Access to Justice Act 1999 (c. 22)

27In Schedule 13 to the Access to Justice Act 1999, omit—

(a)paragraph 141 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b)paragraph 144 (which amends section 27 of that Act);

(c)35paragraph 173 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Police Reform Act 2002 (c. 30)

28In section 76 of the Police Reform Act 2002, omit subsection (2) (which
amends section 54 of the Road Traffic Offenders Act 1988).

Courts Act 2003 (c. 39)

29In Schedule 8 to the Courts Act 2003, omit—

(a)paragraph 310 (which amends section 7 of the Road Traffic
Offenders Act 1988);

(b)5paragraph 313 (which amends section 27 of that Act);

(c)paragraph 365 (which amends paragraph 3 of Schedule 1 to the Road
Traffic (New Drivers) Act 1995).

Road Safety Act 2006 (c. 49)

30The Road Safety Act 2006 is amended as follows.

3110In section 10, omit—

(a)subsections (5) and (6) (which amend section 54 of the Road Traffic
Offenders Act 1988);

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

32In Schedule 1, omit—

(a)15paragraph 3(8) (which amends section 54 of the Road Traffic
Offenders Act 1988);

(b)paragraph 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
20Drivers) Act 1995);

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

(f)paragraph 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
25Traffic Offenders Act 1988).

34In Schedule 3, omit—

(a)paragraph 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)30paragraph 26(6) (which amends section 164 of that Act);

(d)paragraph 32(3) and (4) (which amend section 26 of the Road Traffic
Offenders 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)35paragraph 46 (which amends section 56 of that Act);

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

(i)paragraph 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)40paragraph 68 (which amends section 3 of that Act);

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

Criminal 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 99

Schedule 10 5Cautions: 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)10a 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)a caution given under section 22 of the Criminal
Justice Act 2003 (conditional cautions) in respect of an
15offence committed before the coming into force of
section 98 of the Police, Crime, Sentencing and Courts
Act 2021;

(ad)a caution given under section 66A of the Crime and
Disorder Act 1998 (conditional cautions for children
20and young persons);”;

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

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

(2)In 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)25In paragraph 2(1)(f), for “conditional caution” substitute “caution referred to
in section 8A(2)(aa) to (ad)”.

Bail Act 1976 (c. 63)

4The Bail Act 1976 is amended as follows.

5In section 3A (conditions of bail in case of police bail), in subsection (1), for
30“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
(1), for “Part 3 of the Criminal Justice Act 2003” substitute “Part 6 of the
Police, Crime, Sentencing and Courts Act 2021”.

735Paragraphs 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 98(2) comes into force.

Matrimonial 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)a diversionary caution or community caution given
5under 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
offence committed before the coming into force of
10section 98 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)15In subsection (2), in paragraphs (a) and (b), for “conditional” substitute
“relevant”.

(3)In subsection (3)—

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

(b)20omit the definition of “conditional caution”;

(c)at the end insert—

• ““relevant caution” means—

  (a)

  a diversionary caution given under Part 6 of
  the Police, Crime, Sentencing and Courts Act
  252021,

  (b)

  a 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 98 of
  30the Police, Crime, Sentencing and Courts Act
  2021, or

  (c)

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

  other than one that is spent for the purposes of
  35Schedule 2 to the Rehabilitation of Offenders Act
  1974;”.

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

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

(3)40In 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)

12The 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
the Police, Crime, Sentencing and Courts Act 2021;”.

145In 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”.

15In section 60B (notification of decision not to prosecute person interviewed),
10in subsection (4)—

(a)for “includes” substitute “means”;

(b)for paragraph (a) substitute—

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

1615In 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”.

17Omit section 63L (which relates to persons given a penalty notice).

1820In 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
Act 2021;”;

19Paragraphs 13 to 18 do not affect the operation of the Police and Criminal
Evidence Act 1984 in relation to conditional cautions given under Part 3 of
30the 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 98(2) and (3) come into force.

Crime and Disorder Act 1998 (c. 37)

20The Crime and Disorder Act 1998 is amended as follows.

2135In 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
conditions attached to a youth conditional caution, the constable
40may arrest the offender without warrant.

(5)Sections 86(2) to (10) and 87 of the Police, Crime, Sentencing and
Courts Act 2021 apply in relation to a person arrested under
subsection (4) above.”

22In 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
86(2) and (3) of the Police, Crime, Sentencing and Courts Act 2021”.

5Police 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).

2510In 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.

2615Omit Schedule 5A (powers exercisable by accredited inspectors).

Licensing Act 2003 (c. 17)

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

Courts Act 2003 (c. 39)

2820The 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
sub-paragraph (i) substitute—

“(i)a diversionary caution or community caution given
25under 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
offence committed before the coming into force of
30section 98 of the Police, Crime, Sentencing and Courts
Act 2021,”.

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

“(ii)section 92 of the Police, Crime, Sentencing and
35Courts Act 2021, or”.

Criminal Justice Act 2003 (c. 44)

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

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

(b)40omit paragraph (aa).

Offender Management Act 2007 (c. 21)

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

(2)In subsection (1)—

(a)5in paragraph (b)—

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

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

10in paragraph (e), for “conditional cautions” substitute “diversionary
or community cautions”.

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

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

15Anti-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
definition of “out of court disposal process”, for “conditional caution”
20substitute “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)a person authorised by a prosecution authority under
25section 78(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
(conditional cautions) or”.

(3)30In 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)for the definition of “investigating officer” and “relevant prosecutor”
35substitute—

• ““investigating officer” has the meaning given by
  section 101 of the Police, Crime, Sentencing and
  Courts Act 2021;

• “relevant prosecutor” has the meaning given by section
  4066H 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
respect of offences committed before the day on which section 98(2) comes
45into 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).

Other consequential repeals

38(1)5Omit the following (which make amendments to Part 3 of the Criminal
Justice Act 2003, which is repealed by section 98(2) above)—

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

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

(c)10paragraphs 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
152014;

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

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

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
20provisions 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
98(2) comes into force.

39(1)Omit the following (which make amendments to Chapter 1 of Part 1 of the
Criminal Justice and Police Act 2001, which is repealed by section 98(3)
25above)—

(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
Punishment of Offenders Act 2012.

(2)Sub-paragraph (1) does not affect the continuing operation of the repealed
30provisions 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 98(3) comes into force.

Section 102

Schedule 11 Minimum sentences for particular offences: consequential amendments

35Mental 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)
or 315(2)” substitute “312(2A), 313(2A), 314(2A) or 315(2A)”.

Armed Forces Act 2006 (c. 52)

240The Armed Forces Act 2006 is amended as follows.