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Protection for spent cautions under the Rehabilitation of Offenders Act 1974 |
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1 | The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows. |
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2 | In section 6(6) for “the Schedule” substitute “Schedule 1”. |
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3 | After section 8 (defamation actions) there is inserted— |
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“8A | Protection afforded to spent cautions |
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(1) | Schedule 2 to this Act (protection for spent cautions) shall have |
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(2) | In this Act “caution” means— |
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(a) | a conditional caution, that is to say, a caution given under |
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section 22 of the Criminal Justice Act 2003 (c. 44) (conditional |
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cautions for adults) or under section 66A of the Crime and |
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Disorder Act 1998 (c. 37) (conditional cautions for persons |
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(b) | any other caution given to a person in England and Wales in |
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respect of an offence which, at the time the caution is given, |
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that person has admitted; |
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(c) | a reprimand or warning given under section 65 of the Crime |
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and Disorder Act 1998 (reprimands and warnings for persons |
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(d) | anything corresponding to a caution, reprimand or warning |
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falling within paragraphs (a) to (c) (however described) |
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which is given to a person in respect of an offence under the |
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law of a country outside England and Wales.” |
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4 | After section 9 (unauthorised disclosure of spent convictions) insert— |
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“9A | Unauthorised disclosure of spent cautions |
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(a) | “official record” means a record which— |
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(i) | contains information about persons given a caution |
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for any offence or offences; and |
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(ii) | is kept for the purposes of its functions by any court, |
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police force, Government department or other public |
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authority in England and Wales; |
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(b) | “caution information” means information imputing that a |
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named or otherwise identifiable living person (“the named |
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person”) has committed, been charged with or prosecuted or |
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cautioned for any offence which is the subject of a spent |
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(c) | “relevant person” means any person who, in the course of his |
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official duties (anywhere in the United Kingdom), has or at |
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any time has had custody of or access to any official record or |
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the information contained in it. |
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(2) | Subject to the terms of any order made under subsection (5), a |
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relevant person shall be guilty of an offence if, knowing or having |
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reasonable cause to suspect that any caution information he has |
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obtained in the course of his official duties is caution information, he |
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discloses it, otherwise than in the course of those duties, to another |
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(3) | In any proceedings for an offence under subsection (2) it shall be a |
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defence for the defendant to show that the disclosure was made— |
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(a) | to the named person or to another person at the express |
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request of the named person; |
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(b) | to a person whom he reasonably believed to be the named |
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person or to another person at the express request of a person |
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whom he reasonably believed to be the named person. |
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(4) | Any person who obtains any caution information from any official |
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record by means of any fraud, dishonesty or bribe shall be guilty of |
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(5) | The Secretary of State may by order make such provision as appears |
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to him to be appropriate for excepting the disclosure of caution |
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information derived from an official record from the provisions of |
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subsection (2) in such cases or classes of case as may be specified in |
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(6) | A person guilty of an offence under subsection (2) is liable on |
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summary conviction to a fine not exceeding level 4 on the standard |
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(7) | A person guilty of an offence under subsection (4) is liable on |
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summary conviction to a fine not exceeding level 5 on the standard |
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scale, or to imprisonment for a term not exceeding 51 weeks, or to |
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(8) | Proceedings for an offence under subsection (2) shall not be |
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instituted except by or on behalf of the Director of Public |
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5 | The Schedule (service disciplinary proceedings) is re-numbered as Schedule |
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6 | After that Schedule insert— |
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Protection for spent cautions |
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1 (1) | For the purposes of this Schedule a caution shall be regarded as a |
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(a) | in the case of a conditional caution (as defined in section |
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8A(2)(a)), at the end of the relevant period for the caution; |
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(b) | in any other case, at the time the caution is given. |
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(2) | In sub-paragraph (1)(a) “the relevant period for the caution” |
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means (subject to sub-paragraph (3)) the period of three months |
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from the date on which the conditional caution was given. |
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(3) | If the person concerned is subsequently prosecuted and convicted |
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of the offence in respect of which a conditional caution was |
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(a) | the relevant period for the caution shall end at the same |
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time as the rehabilitation period for the offence; and |
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(b) | if the conviction occurs after the end of the period |
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mentioned in sub-paragraph (1)(a), the caution shall be |
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treated for the purposes of this Schedule as not having |
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become spent in relation to any period before the end of |
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the rehabilitation period for the offence. |
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2 (1) | In this Schedule “ancillary circumstances”, in relation to a caution, |
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means any circumstances of the following— |
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(a) | the offence which was the subject of the caution or the |
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conduct constituting that offence; |
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(b) | any process preliminary to the caution (including |
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consideration by any person of how to deal with that |
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offence and the procedure for giving the caution); |
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(c) | any proceedings for that offence which take place before |
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the caution is given (including anything which happens |
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after that time for the purpose of bringing the proceedings |
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(d) | any judicial review proceedings relating to the caution; |
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(e) | in the case of a warning under section 65 of the Crime and |
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Disorder Act 1998 (c. 37), anything done in pursuance of or |
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undergone in compliance with a requirement to |
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participate in a rehabilitation programme under section |
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(f) | in the case of a conditional caution, any conditions |
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attached to the caution or anything done in pursuance of or |
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undergone in compliance with those conditions. |
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(2) | Where the caution relates to two or more offences, references in |
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sub-paragraph (1) to the offence which was the subject of the |
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caution include a reference to each of the offences concerned. |
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(3) | In this Schedule “proceedings before a judicial authority” has the |
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same meaning as in section 4. |
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Protection relating to spent cautions and ancillary circumstances |
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3 (1) | A person who is given a caution for an offence shall, from the time |
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the caution is spent, be treated for all purposes in law as a person |
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who has not committed, been charged with or prosecuted for, or |
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been given a caution for the offence; and notwithstanding the |
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provisions of any other enactment or rule of law to the contrary— |
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(a) | no evidence shall be admissible in any proceedings before |
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a judicial authority exercising its jurisdiction or functions |
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in England and Wales to prove that any such person has |
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committed, been charged with or prosecuted for, or been |
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given a caution for the offence; and |
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(b) | a person shall not, in any such proceedings, be asked and, |
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if asked, shall not be required to answer, any question |
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relating to his past which cannot be answered without |
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acknowledging or referring to a spent caution or any |
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(2) | Nothing in sub-paragraph (1) applies in relation to any |
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proceedings for the offence which are not part of the ancillary |
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circumstances relating to the caution. |
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(3) | Where a question seeking information with respect to a person’s |
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previous cautions, offences, conduct or circumstances is put to |
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him or to any other person otherwise than in proceedings before a |
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(a) | the question shall be treated as not relating to spent |
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cautions or to any ancillary circumstances, and the answer |
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may be framed accordingly; and |
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(b) | the person questioned shall not be subjected to any liability |
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or otherwise prejudiced in law by reason of any failure to |
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acknowledge or disclose a spent caution or any ancillary |
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circumstances in his answer to the question. |
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(4) | Any obligation imposed on any person by any rule of law or by the |
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provisions of any agreement or arrangement to disclose any |
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matters to any other person shall not extend to requiring him to |
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disclose a spent caution or any ancillary circumstances (whether |
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the caution is his own or another’s). |
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(5) | A caution which has become spent or any ancillary circumstances, |
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or any failure to disclose such a caution or any such circumstances, |
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shall not be a proper ground for dismissing or excluding a person |
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from any office, profession, occupation or employment, or for |
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prejudicing him in any way in any occupation or employment. |
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(6) | This paragraph has effect subject to paragraphs 4 to 6. |
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4 | The Secretary of State may by order— |
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(a) | make provision for excluding or modifying the application |
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of either or both of paragraphs (a) or (b) of paragraph 3(2) |
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in relation to questions put in such circumstances as may |
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be specified in the order; |
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(b) | provide for exceptions from the provisions of sub- |
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paragraphs (4) and (5) of paragraph 3, in such cases or |
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classes of case, and in relation to cautions of such a |
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description, as may be specified in the order. |
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5 | Nothing in paragraph 3 affects— |
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(a) | the operation of the caution in question; or |
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(b) | the operation of any enactment by virtue of which, in |
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consequence of any caution, a person is subject to any |
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disqualification, disability, prohibition or other restriction |
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or effect, the period of which extends beyond the |
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rehabilitation period applicable to the caution. |
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6 (1) | Section 7(2), (3) and (4) apply for the purposes of this Schedule as |
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(2) | Subsection (2) (apart from paragraphs (b) and (d)) applies to the |
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determination of any issue, and the admission or requirement of |
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any evidence, relating to a person’s previous cautions or to |
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ancillary circumstances as it applies to matters relating to a |
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person’s previous convictions and circumstances ancillary |
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(3) | Subsection (3) applies to evidence of a person’s previous cautions |
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and ancillary circumstances as it applies to evidence of a person’s |
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convictions and the circumstances ancillary thereto; and for this |
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purpose subsection (3) shall have effect as if— |
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(a) | any reference to subsection (2) or (4) of section 7 were a |
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reference to that subsection as applied by this paragraph; |
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(b) | the words “or proceedings to which section 8 below |
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(4) | Subsection (4) applies for the purpose of excluding the application |
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of paragraph 3(1); and for that purpose subsection (4) shall have |
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effect as if the words “(other than proceedings to which section 8 |
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below applies)” were omitted. |
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(5) | References in the provisions applied by this paragraph to section |
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4(1) are to be read as references to paragraph 3(1).” |
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Allocation of cases triable either way etc. |
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1 | Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable |
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either way, and sending cases to the Crown Court etc.) has effect subject to |
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the following amendments. |
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2 | In paragraph 2, in the paragraph set out in sub-paragraph (2), after |
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“committed” insert “for sentence”. |
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3 | In paragraph 6, for subsection (2)(c) of the section set out in that paragraph |
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“(c) | that if he is tried summarily and is convicted by the |
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court, he may be committed for sentence to the Crown |
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Court under section 3 or (if applicable) section 3A of |
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the Powers of Criminal Courts (Sentencing) Act 2000 |
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if the court is of such opinion as is mentioned in |
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subsection (2) of the applicable section.”. |
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4 | In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute |
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5 (1) | Paragraph 9 is amended as follows. |
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(2) | In sub-paragraph (3) after “(1A)” insert “, 1B”. |
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(3) | After sub-paragraph (3) insert— |
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“(4) | In subsection (3) for “the said Act of 2000” substitute “the Powers |
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of Criminal Courts (Sentencing) Act 2000”.” |
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6 | Paragraph 13 is omitted. |
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7 | Paragraph 22 is omitted. |
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8 | Before paragraph 23 insert— |
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“22A (1) | Section 3 (committal for sentence on summary trial of offence |
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triable either way) is amended as follows. |
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(a) | in paragraph (a) for the words from “greater punishment” |
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to the end of the paragraph substitute “the Crown Court |
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should, in the court’s opinion, have the power to deal with |
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the offender in any way it could deal with him if he had |
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been convicted on indictment”, and |
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(b) | omit paragraph (b) (and the word “or” immediately |
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(3) | In subsection (4), after “section” insert “17D or ”. |
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(4) | In subsection (5), in paragraph (b) omit the words “paragraph (b) |
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9 | In paragraph 23, in subsection (5) of the first of the sections inserted by that |
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paragraph (section 3A), for “a specified offence” substitute “an offender |
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convicted of a specified offence”. |
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10 | In paragraph 24 after sub-paragraph (4) insert— |
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“(4A) | In subsection (2) for “committed” substitute “sent”.” |
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Schedule to the Street Offences Act 1959 |
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ORDERS UNDER SECTION 1(2A): BREACH, AMENDMENT ETC. |
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Interpretation and application |
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1 (1) | This Schedule applies to an order made under section 1(2A). |
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(2) | In this Schedule, in relation to the order— |
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“the offender” means the person in respect of whom the order |
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“the supervisor” means the person for the time being |
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specified as the supervisor in the order. |
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(3) | For the purposes of this Schedule, the offender fails to comply |
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with an order if he fails to attend any meeting that he is required |
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to attend at the time and place determined by the supervisor. |
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Breach of requirement of order |
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Breach of requirement of order |
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2 (1) | If the supervisor is of the opinion that the offender has failed |
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without reasonable excuse to comply with the order, the |
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supervisor must cause an information to be laid before a justice of |
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the peace in respect of the failure. |
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(2) | If it appears on information to the justice of the peace that the |
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offender has failed to comply with the order, the justice may— |
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(a) | issue a summons requiring the offender to appear at the |
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place and time specified in it, or |
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(b) | if the information is in writing and on oath, issue a warrant |
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(3) | Any such summons or warrant must direct the offender to appear |
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(a) | a youth court acting in the relevant local justice area, if the |
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offender is under the age of 18, or |
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(b) | a magistrates’ court (other than a youth court) acting in the |
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relevant local justice area, if the offender is aged 18 or over. |
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(4) | In sub-paragraph (3) “the relevant local justice area” means— |
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(a) | the local justice area for the time being specified in the |
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(b) | if it appears to the justice of the peace that the offender |
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resides in another local justice area, that local justice area. |
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Failure to answer to a summons |
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3 (1) | This paragraph applies where the offender does not appear in |
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answer to a summons issued under paragraph 3 (“the summons”). |
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(2) | The magistrates’ court may issue a warrant for the arrest of the |
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(3) | Any warrant issued under sub-paragraph (2) must require the |
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offender to be brought before— |
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(a) | a youth court acting in the relevant local justice area, if the |
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offender is under the age of 18, or |
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(b) | a magistrates’ court (other than a youth court) acting in the |
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relevant local justice area, if the offender is aged 18 or over. |
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(4) | In sub-paragraph (3) “the relevant local justice area” means— |
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(a) | the local justice area for the time being specified in the |
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(b) | if it appears to the magistrates’ court acting under sub- |
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paragraph (2) that the offender resides in another local |
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justice area, that local justice area. |
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