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Criminal Justice and Immigration Bill
Schedule 12 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

166

 

Schedule 12

Section 54

 

Protection for spent cautions under the Rehabilitation of Offenders Act 1974

1          

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

2          

In section 6(6) for “the Schedule” substitute “Schedule 1”.

3          

After section 8 (defamation actions) there is inserted—

5

“8A     

Protection afforded to spent cautions

(1)   

Schedule 2 to this Act (protection for spent cautions) shall have

effect.

(2)   

In this Act “caution” means—

(a)   

a conditional caution, that is to say, a caution given under

10

section 22 of the Criminal Justice Act 2003 (c. 44) (conditional

cautions for adults) or under section 66A of the Crime and

Disorder Act 1998 (c. 37) (conditional cautions for persons

aged 16 or 17);

(b)   

any other caution given to a person in England and Wales in

15

respect of an offence which, at the time the caution is given,

that person has admitted;

(c)   

a reprimand or warning given under section 65 of the Crime

and Disorder Act 1998 (reprimands and warnings for persons

aged under 18);

20

(d)   

anything corresponding to a caution, reprimand or warning

falling within paragraphs (a) to (c) (however described)

which is given to a person in respect of an offence under the

law of a country outside England and Wales.”

4          

After section 9 (unauthorised disclosure of spent convictions) insert—

25

“9A     

Unauthorised disclosure of spent cautions

(1)   

In this section—

(a)   

“official record” means a record which—

(i)   

contains information about persons given a caution

for any offence or offences; and

30

(ii)   

is kept for the purposes of its functions by any court,

police force, Government department or other public

authority in England and Wales;

(b)   

“caution information” means information imputing that a

named or otherwise identifiable living person (“the named

35

person”) has committed, been charged with or prosecuted or

cautioned for any offence which is the subject of a spent

caution; and

(c)   

“relevant person” means any person who, in the course of his

official duties (anywhere in the United Kingdom), has or at

40

any time has had custody of or access to any official record or

the information contained in it.

(2)   

Subject to the terms of any order made under subsection (5), a

relevant person shall be guilty of an offence if, knowing or having

reasonable cause to suspect that any caution information he has

45

obtained in the course of his official duties is caution information, he

 

 

Criminal Justice and Immigration Bill
Schedule 12 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

167

 

discloses it, otherwise than in the course of those duties, to another

person.

(3)   

In any proceedings for an offence under subsection (2) it shall be a

defence for the defendant to show that the disclosure was made—

(a)   

to the named person or to another person at the express

5

request of the named person;

(b)   

to a person whom he reasonably believed to be the named

person or to another person at the express request of a person

whom he reasonably believed to be the named person.

(4)   

Any person who obtains any caution information from any official

10

record by means of any fraud, dishonesty or bribe shall be guilty of

an offence.

(5)   

The Secretary of State may by order make such provision as appears

to him to be appropriate for excepting the disclosure of caution

information derived from an official record from the provisions of

15

subsection (2) in such cases or classes of case as may be specified in

the order.

(6)   

A person guilty of an offence under subsection (2) is liable on

summary conviction to a fine not exceeding level 4 on the standard

scale.

20

(7)   

A person guilty of an offence under subsection (4) is liable on

summary conviction to a fine not exceeding level 5 on the standard

scale, or to imprisonment for a term not exceeding 51 weeks, or to

both.

(8)   

Proceedings for an offence under subsection (2) shall not be

25

instituted except by or on behalf of the Director of Public

Prosecutions.”

5          

The Schedule (service disciplinary proceedings) is re-numbered as Schedule

1.

6          

After that Schedule insert—

30

“Schedule 2

Protection for spent cautions

Preliminary

1     (1)  

For the purposes of this Schedule a caution shall be regarded as a

spent caution—

35

(a)   

in the case of a conditional caution (as defined in section

8A(2)(a)), at the end of the relevant period for the caution;

(b)   

in any other case, at the time the caution is given.

      (2)  

In sub-paragraph (1)(a) “the relevant period for the caution”

means (subject to sub-paragraph (3)) the period of three months

40

from the date on which the conditional caution was given.

      (3)  

If the person concerned is subsequently prosecuted and convicted

of the offence in respect of which a conditional caution was

given—

 

 

Criminal Justice and Immigration Bill
Schedule 12 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

168

 

(a)   

the relevant period for the caution shall end at the same

time as the rehabilitation period for the offence; and

(b)   

if the conviction occurs after the end of the period

mentioned in sub-paragraph (1)(a), the caution shall be

treated for the purposes of this Schedule as not having

5

become spent in relation to any period before the end of

the rehabilitation period for the offence.

2     (1)  

In this Schedule “ancillary circumstances”, in relation to a caution,

means any circumstances of the following—

(a)   

the offence which was the subject of the caution or the

10

conduct constituting that offence;

(b)   

any process preliminary to the caution (including

consideration by any person of how to deal with that

offence and the procedure for giving the caution);

(c)   

any proceedings for that offence which take place before

15

the caution is given (including anything which happens

after that time for the purpose of bringing the proceedings

to an end);

(d)   

any judicial review proceedings relating to the caution;

(e)   

in the case of a warning under section 65 of the Crime and

20

Disorder Act 1998 (c. 37), anything done in pursuance of or

undergone in compliance with a requirement to

participate in a rehabilitation programme under section

66(2) of that Act;

(f)   

in the case of a conditional caution, any conditions

25

attached to the caution or anything done in pursuance of or

undergone in compliance with those conditions.

      (2)  

Where the caution relates to two or more offences, references in

sub-paragraph (1) to the offence which was the subject of the

caution include a reference to each of the offences concerned.

30

      (3)  

In this Schedule “proceedings before a judicial authority” has the

same meaning as in section 4.

Protection relating to spent cautions and ancillary circumstances

3     (1)  

A person who is given a caution for an offence shall, from the time

the caution is spent, be treated for all purposes in law as a person

35

who has not committed, been charged with or prosecuted for, or

been given a caution for the offence; and notwithstanding the

provisions of any other enactment or rule of law to the contrary—

(a)   

no evidence shall be admissible in any proceedings before

a judicial authority exercising its jurisdiction or functions

40

in England and Wales to prove that any such person has

committed, been charged with or prosecuted for, or been

given a caution for the offence; and

(b)   

a person shall not, in any such proceedings, be asked and,

if asked, shall not be required to answer, any question

45

relating to his past which cannot be answered without

acknowledging or referring to a spent caution or any

ancillary circumstances.

 

 

Criminal Justice and Immigration Bill
Schedule 12 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

169

 

      (2)  

Nothing in sub-paragraph (1) applies in relation to any

proceedings for the offence which are not part of the ancillary

circumstances relating to the caution.

      (3)  

Where a question seeking information with respect to a person’s

previous cautions, offences, conduct or circumstances is put to

5

him or to any other person otherwise than in proceedings before a

judicial authority—

(a)   

the question shall be treated as not relating to spent

cautions or to any ancillary circumstances, and the answer

may be framed accordingly; and

10

(b)   

the person questioned shall not be subjected to any liability

or otherwise prejudiced in law by reason of any failure to

acknowledge or disclose a spent caution or any ancillary

circumstances in his answer to the question.

      (4)  

Any obligation imposed on any person by any rule of law or by the

15

provisions of any agreement or arrangement to disclose any

matters to any other person shall not extend to requiring him to

disclose a spent caution or any ancillary circumstances (whether

the caution is his own or another’s).

      (5)  

A caution which has become spent or any ancillary circumstances,

20

or any failure to disclose such a caution or any such circumstances,

shall not be a proper ground for dismissing or excluding a person

from any office, profession, occupation or employment, or for

prejudicing him in any way in any occupation or employment.

      (6)  

This paragraph has effect subject to paragraphs 4 to 6.

25

4          

The Secretary of State may by order—

(a)   

make provision for excluding or modifying the application

of either or both of paragraphs (a) or (b) of paragraph 3(2)

in relation to questions put in such circumstances as may

be specified in the order;

30

(b)   

provide for exceptions from the provisions of sub-

paragraphs (4) and (5) of paragraph 3, in such cases or

classes of case, and in relation to cautions of such a

description, as may be specified in the order.

5          

Nothing in paragraph 3 affects—

35

(a)   

the operation of the caution in question; or

(b)   

the operation of any enactment by virtue of which, in

consequence of any caution, a person is subject to any

disqualification, disability, prohibition or other restriction

or effect, the period of which extends beyond the

40

rehabilitation period applicable to the caution.

6     (1)  

Section 7(2), (3) and (4) apply for the purposes of this Schedule as

follows.

      (2)  

Subsection (2) (apart from paragraphs (b) and (d)) applies to the

determination of any issue, and the admission or requirement of

45

any evidence, relating to a person’s previous cautions or to

ancillary circumstances as it applies to matters relating to a

person’s previous convictions and circumstances ancillary

thereto.

 

 

Criminal Justice and Immigration Bill
Schedule 13 — Allocation of cases triable either way etc.

170

 

      (3)  

Subsection (3) applies to evidence of a person’s previous cautions

and ancillary circumstances as it applies to evidence of a person’s

convictions and the circumstances ancillary thereto; and for this

purpose subsection (3) shall have effect as if—

(a)   

any reference to subsection (2) or (4) of section 7 were a

5

reference to that subsection as applied by this paragraph;

and

(b)   

the words “or proceedings to which section 8 below

applies” were omitted.

      (4)  

Subsection (4) applies for the purpose of excluding the application

10

of paragraph 3(1); and for that purpose subsection (4) shall have

effect as if the words “(other than proceedings to which section 8

below applies)” were omitted.

      (5)  

References in the provisions applied by this paragraph to section

4(1) are to be read as references to paragraph 3(1).”

15

Schedule 13

Section 56

 

Allocation of cases triable either way etc.

1          

Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable

either way, and sending cases to the Crown Court etc.) has effect subject to

the following amendments.

20

2          

In paragraph 2, in the paragraph set out in sub-paragraph (2), after

“committed” insert “for sentence”.

3          

In paragraph 6, for subsection (2)(c) of the section set out in that paragraph

substitute—

“(c)   

that if he is tried summarily and is convicted by the

25

court, he may be committed for sentence to the Crown

Court under section 3 or (if applicable) section 3A of

the Powers of Criminal Courts (Sentencing) Act 2000

if the court is of such opinion as is mentioned in

subsection (2) of the applicable section.”.

30

4          

In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute

“summary trial”.

5     (1)  

Paragraph 9 is amended as follows.

      (2)  

In sub-paragraph (3) after “(1A)” insert “, 1B”.

      (3)  

After sub-paragraph (3) insert—

35

    “(4)  

In subsection (3) for “the said Act of 2000” substitute “the Powers

of Criminal Courts (Sentencing) Act 2000”.”

6          

Paragraph 13 is omitted.

7          

Paragraph 22 is omitted.

 

 

Criminal Justice and Immigration Bill
Schedule 14 — Schedule to the Street Offences Act 1959

171

 

8          

Before paragraph 23 insert—

“22A  (1)  

Section 3 (committal for sentence on summary trial of offence

triable either way) is amended as follows.

      (2)  

In subsection (2)—

(a)   

in paragraph (a) for the words from “greater punishment”

5

to the end of the paragraph substitute “the Crown Court

should, in the court’s opinion, have the power to deal with

the offender in any way it could deal with him if he had

been convicted on indictment”, and

(b)   

omit paragraph (b) (and the word “or” immediately

10

preceding it).

      (3)  

In subsection (4), after “section” insert “17D or ”.

      (4)  

In subsection (5), in paragraph (b) omit the words “paragraph (b)

and”.”

9          

In paragraph 23, in subsection (5) of the first of the sections inserted by that

15

paragraph (section 3A), for “a specified offence” substitute “an offender

convicted of a specified offence”.

10         

In paragraph 24 after sub-paragraph (4) insert—

   “(4A)  

In subsection (2) for “committed” substitute “sent”.”

Schedule 14

20

Section 72(4)

 

Schedule to the Street Offences Act 1959

“Schedule

Section 1A(11)

 

ORDERS UNDER SECTION 1(2A): BREACH, AMENDMENT ETC.

Part 1

Preliminary

25

Interpretation and application

1     (1)  

This Schedule applies to an order made under section 1(2A).

      (2)  

In this Schedule, in relation to the order—

“the offender” means the person in respect of whom the order

was made;

30

“the supervisor” means the person for the time being

specified as the supervisor in the order.

      (3)  

For the purposes of this Schedule, the offender fails to comply

with an order if he fails to attend any meeting that he is required

to attend at the time and place determined by the supervisor.

35

 

 

Criminal Justice and Immigration Bill
Schedule 14 — Schedule to the Street Offences Act 1959

172

 

Part 2

Breach of requirement of order

Breach of requirement of order

2     (1)  

If the supervisor is of the opinion that the offender has failed

without reasonable excuse to comply with the order, the

5

supervisor must cause an information to be laid before a justice of

the peace in respect of the failure.

      (2)  

If it appears on information to the justice of the peace that the

offender has failed to comply with the order, the justice may—

(a)   

issue a summons requiring the offender to appear at the

10

place and time specified in it, or

(b)   

if the information is in writing and on oath, issue a warrant

for his arrest.

      (3)  

Any such summons or warrant must direct the offender to appear

or be brought before—

15

(a)   

a youth court acting in the relevant local justice area, if the

offender is under the age of 18, or

(b)   

a magistrates’ court (other than a youth court) acting in the

relevant local justice area, if the offender is aged 18 or over.

      (4)  

In sub-paragraph (3) “the relevant local justice area” means—

20

(a)   

the local justice area for the time being specified in the

order, or

(b)   

if it appears to the justice of the peace that the offender

resides in another local justice area, that local justice area.

Failure to answer to a summons

25

3     (1)  

This paragraph applies where the offender does not appear in

answer to a summons issued under paragraph 3 (“the summons”).

      (2)  

The magistrates’ court may issue a warrant for the arrest of the

offender.

      (3)  

Any warrant issued under sub-paragraph (2) must require the

30

offender to be brought before—

(a)   

a youth court acting in the relevant local justice area, if the

offender is under the age of 18, or

(b)   

a magistrates’ court (other than a youth court) acting in the

relevant local justice area, if the offender is aged 18 or over.

35

      (4)  

In sub-paragraph (3) “the relevant local justice area” means—

(a)   

the local justice area for the time being specified in the

order, or

(b)   

if it appears to the magistrates’ court acting under sub-

paragraph (2) that the offender resides in another local

40

justice area, that local justice area.

 

 

 
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