Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

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Schedule 11 — Alternatives to prosecution for persons under 18
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66C
Financial penalties
(1)
A condition that the offender pay a financial penalty (a “financial
penalty condition”) may not be attached to a youth conditional
caution given in respect of an offence unless the offence is one that is
prescribed, or of a description prescribed, in an order made by the
5
Secretary of State.
(2)
An order under subsection (1) must prescribe, in respect of each
offence or description of offence in the order, the maximum amount
of the penalty that may be specified under subsection (5)(a).
(3)
The amount that may be prescribed in respect of any offence must
10
not exceed £100.
(4)
The Secretary of State may by order amend subsection (3) by
substituting a different figure.
(5)
Where a financial penalty condition is attached to a youth
conditional caution, a relevant prosecutor must also specify—
15
(a)
the amount of the penalty; and
(b)
the person to whom the financial penalty is to be paid and
how it may be paid.
(6)
To comply with the condition, the offender must pay the penalty in
accordance with the provision specified under subsection (5)(b).
20
(7)
Where a financial penalty is (in accordance with the provision
specified under subsection (5)(b)) paid to a person other than a
designated officer for a local justice area, the person to whom it is
paid must give the payment to such an officer.
66D
Variation of conditions
25
A relevant prosecutor may, with the consent of the offender, vary the
conditions attached to a youth conditional caution by—
(a)
modifying or omitting any of the conditions;
(b)
adding a condition.
66E
Failure to comply with conditions
30
(1)
If the offender fails, without reasonable excuse, to comply with any
of the conditions attached to the youth conditional caution, criminal
proceedings may be instituted against the person for the offence in
question.
(2)
The document mentioned in section 66B(6) is to be admissible in such
35
proceedings.
(3)
Where such proceedings are instituted, the youth conditional
caution is to cease to have effect.
(4)
Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”)
applies in relation to the conditions attached to a youth conditional
40
caution as it applies in relation to the conditions attached to a
conditional caution (within the meaning of Part 3 of that Act).
(5)
Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a
person who is arrested under section 24A(1) of that Act by virtue of

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subsection (4) above as they apply in relation to a person who is
arrested under that section for failing to comply with any of the
conditions attached to a conditional caution (within the meaning of
Part 3 of that Act).
66F
Restriction on sentencing powers where youth conditional caution
5
given
Where a person who has been given a youth conditional caution is
convicted of an offence committed within two years of the giving of
the caution, the court by or before which the person is so convicted—
(a)
may not make an order under section 12(1)(b) of the Powers
10
of Criminal Courts (Sentencing) Act 2000 (conditional
discharge) in respect of the offence unless it is of the opinion
that there are exceptional circumstances relating to the
offence or the offender which justify its doing so; and
(b)
where it does make such an order, must state in open court
15
that it is of that opinion and why it is.
66G
Code of practice on youth conditional cautions
(1)
The Secretary of State must prepare a code of practice in relation to
youth conditional cautions.
(2)
The code may, in particular, make provision as to—
20
(a)
the circumstances in which youth conditional cautions may
be given,
(b)
the procedure to be followed in connection with the giving of
such cautions,
(c)
the conditions which may be attached to such cautions and
25
the time for which they may have effect,
(d)
the category of constable or investigating officer by whom
such cautions may be given,
(e)
the persons who may be authorised by a relevant prosecutor
for the purposes of section 66A,
30
(f)
the form which such cautions are to take and the manner in
which they are to be given and recorded,
(g)
the places where such cautions may be given,
(h)
the provision which may be made by a relevant prosecutor
under section 66C(5)(b),
35
(i)
the monitoring of compliance with conditions attached to
such cautions,
(j)
the exercise of the power of arrest conferred by section 24A(1)
of the Criminal Justice Act 2003 (c. 44) as it applies by virtue
of section 66E(4),
40
(k)
who is to decide how a person should be dealt with under
section 24A(2) of that Act as it applies by virtue of section
66E(5).
(3)
After preparing a draft of the code the Secretary of State—
(a)
must publish the draft,
45
(b)
must consider any representations made to him about the
draft, and
(c)
may amend the draft accordingly,

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but he may not publish or amend the draft without the consent of the
Attorney General.
(4)
After the Secretary of State has proceeded under subsection (3) he
must lay the code before each House of Parliament.
(5)
When he has done so he may bring the code into force by order.
5
(6)
The Secretary of State may from time to time revise a code of practice
brought into force under this section.
(7)
Subsections (3) to (6) are to apply (with appropriate modifications) to
a revised code as they apply to an original code.
Interpretation of Chapter 1
10
66H
Interpretation
In this Chapter—
(a)
“appropriate adult” has the meaning given by section 65(7);
(b)
“authorised person” has the meaning given by section
66A(7);
15
(c)
“investigating officer” means an officer of Revenue and
Customs, appointed in accordance with section 2(1) of the
Commissioners for Revenue and Customs Act 2005, or a
person designated as an investigating officer under section 38
of the Police Reform Act 2002 (c. 30);
20
(d)
“the offender” has the meaning given by section 66A(1);
(e)
“relevant prosecutor” means—
(i)
the Attorney General,
(ii)
the Director of the Serious Fraud Office,
(iii)
the Director of Revenue and Customs Prosecutions,
25
(iv)
the Director of Public Prosecutions,
(v)
a Secretary of State, or
(vi)
a person who is specified in an order made by the
Secretary State as being a relevant prosecutor for the
purposes of this Chapter;
30
(f)
“youth conditional caution” has the meaning given by section
66A(2).”
4     (1)
Section 114 (orders and regulations) is amended as follows.
      (2)
In subsection (2) (which specifies orders that are subject to annulment in
pursuance of a resolution of either House of Parliament), for “or 10(6)”
35
substitute “10(6), 66C(1), 66G(5) or 66H(e)(vi)”.
      (3)
After subsection (2) insert—
“(2A)
Subsection (2) also applies to a statutory instrument containing an
order under section 66C(4) unless the order makes provision of the
kind mentioned in subsection (3A) below.”
40
      (4)
In subsection (3) (which specifies orders that may not be made unless a draft
has been approved by a resolution of each House of Parliament) after “41(6)”
insert “, 66A(6)”.

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      (5)
After subsection (3) insert—
“(3A)
Subsection (3) also applies to an order under section 66C(4) which
makes provision increasing the figure in section 66C(3) by more than
is necessary to reflect changes in the value of money.”

5
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—
10
“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
15
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
20
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);
25
(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—
30
“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
35
(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
40
person”) has committed, been charged with or prosecuted or
cautioned for any offence which is the subject of a spent
caution; and

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(c)
“relevant person” means any person who, in the course of his
official duties (anywhere in the United Kingdom), has or at
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
5
relevant person shall be guilty of an offence if, knowing or having
reasonable cause to suspect that any caution information he has
obtained in the course of his official duties is caution information, he
discloses it, otherwise than in the course of those duties, to another
person.
10
(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
request of the named person;
(b)
to a person whom he reasonably believed to be the named
15
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
record by means of any fraud, dishonesty or bribe shall be guilty of
an offence.
20
(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
subsection (2) in such cases or classes of case as may be specified in
the order.
25
(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.
(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
30
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
instituted except by or on behalf of the Director of Public
Prosecutions.”
35
5
The Schedule (service disciplinary proceedings) is re-numbered as Schedule
1.
6
After that Schedule insert—
“Schedule 2
Protection for spent cautions
40
Preliminary
1     (1)
For the purposes of this Schedule a caution shall be regarded as a
spent caution—
(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;
45

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(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
from the date on which the conditional caution was given.
      (3)
If the person concerned is subsequently prosecuted and convicted
5
of the offence in respect of which a conditional caution was
given—
(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
10
mentioned in sub-paragraph (1)(a), the caution shall be
treated for the purposes of this Schedule as not having
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,
15
means any circumstances of the following—
(a)
the offence which was the subject of the caution or the
conduct constituting that offence;
(b)
any process preliminary to the caution (including
consideration by any person of how to deal with that
20
offence and the procedure for giving the caution);
(c)
any proceedings for that offence which take place before
the caution is given (including anything which happens
after that time for the purpose of bringing the proceedings
to an end);
25
(d)
any judicial review proceedings relating to the caution;
(e)
in the case of a warning under section 65 of the Crime and
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
30
66(2) of that Act;
(f)
in the case of a conditional caution, any conditions
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
35
sub-paragraph (1) to the offence which was the subject of the
caution include a reference to each of the offences concerned.
      (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
40
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
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—
45
(a)
no evidence shall be admissible in any proceedings before
a judicial authority exercising its jurisdiction or functions
in England and Wales to prove that any such person has

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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
relating to his past which cannot be answered without
5
acknowledging or referring to a spent caution or any
ancillary circumstances.
      (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.
10
      (3)
Where a question seeking information with respect to a person’s
previous cautions, offences, conduct or circumstances is put to
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
15
cautions or to any ancillary circumstances, and the answer
may be framed accordingly; and
(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
20
circumstances in his answer to the question.
      (4)
Any obligation imposed on any person by any rule of law or by the
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
25
the caution is his own or another’s).
      (5)
A caution which has become spent or any ancillary circumstances,
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
30
prejudicing him in any way in any occupation or employment.
      (6)
This paragraph has effect subject to paragraphs 4 to 6.
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)
35
in relation to questions put in such circumstances as may
be specified in the order;
(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
40
description, as may be specified in the order.
5
Nothing in paragraph 3 affects—
(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
45
disqualification, disability, prohibition or other restriction
or effect, the period of which extends beyond the
rehabilitation period applicable to the caution.