Criminal Justice and Immigration Bill

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Session 2006 - 07
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Criminal Justice and Immigration Bill

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.