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66G | Code of practice on youth conditional cautions |
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(1) | The Secretary of State must prepare a code of practice in relation to |
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youth conditional cautions. |
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(2) | The code may, in particular, make provision as to— |
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(a) | the circumstances in which youth conditional cautions may |
| 5 |
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(b) | the procedure to be followed in connection with the giving of |
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(c) | the conditions which may be attached to such cautions and |
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the time for which they may have effect, |
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(d) | the category of constable or investigating officer by whom |
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such cautions may be given, |
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(e) | the persons who may be authorised by a relevant prosecutor |
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for the purposes of section 66A, |
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(f) | the form which such cautions are to take and the manner in |
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which they are to be given and recorded, |
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(g) | the places where such cautions may be given, |
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(h) | the provision which may be made by a relevant prosecutor |
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(i) | the monitoring of compliance with conditions attached to |
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(j) | the exercise of the power of arrest conferred by section 24A(1) |
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of the Criminal Justice Act 2003 (c. 44) as it applies by virtue |
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(k) | who is to decide how a person should be dealt with under |
| 25 |
section 24A(2) of that Act as it applies by virtue of section |
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(3) | After preparing a draft of the code the Secretary of State— |
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(a) | must publish the draft, |
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(b) | must consider any representations made to him about the |
| 30 |
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(c) | may amend the draft accordingly, |
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| but he may not publish or amend the draft without the consent of the |
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(4) | After the Secretary of State has proceeded under subsection (3) he |
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must lay the code before each House of Parliament. |
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(5) | When he has done so he may bring the code into force by order. |
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(6) | The Secretary of State may from time to time revise a code of practice |
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brought into force under this section. |
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(7) | Subsections (3) to (6) are to apply (with appropriate modifications) to |
| 40 |
a revised code as they apply to an original code. |
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Interpretation of Chapter 1 |
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(a) | “appropriate adult” has the meaning given by section 65(7); |
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|
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|
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(b) | “authorised person” has the meaning given by section |
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(c) | “investigating officer” means an officer of Revenue and |
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Customs, appointed in accordance with section 2(1) of the |
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Commissioners for Revenue and Customs Act 2005, or a |
| 5 |
person designated as an investigating officer under section 38 |
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of the Police Reform Act 2002 (c. 30); |
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(d) | “the offender” has the meaning given by section 66A(1); |
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(e) | “relevant prosecutor” means— |
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(i) | the Attorney General, |
| 10 |
(ii) | the Director of the Serious Fraud Office, |
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(iii) | the Director of Revenue and Customs Prosecutions, |
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(iv) | the Director of Public Prosecutions, |
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(v) | a Secretary of State, or |
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(vi) | a person who is specified in an order made by the |
| 15 |
Secretary State as being a relevant prosecutor for the |
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purposes of this Chapter; |
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(f) | “youth conditional caution” has the meaning given by section |
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4 (1) | Section 114 (orders and regulations) is amended as follows. |
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(2) | In subsection (2) (which specifies orders that are subject to annulment in |
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pursuance of a resolution of either House of Parliament), for “or 10(6)” |
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substitute “10(6), 66C(1), 66G(5) or 66H(e)(vi)”. |
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(3) | After subsection (2) insert— |
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“(2A) | Subsection (2) also applies to a statutory instrument containing an |
| 25 |
order under section 66C(4) unless the order makes provision of the |
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kind mentioned in subsection (3A) below.” |
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(4) | In subsection (3) (which specifies orders that may not be made unless a draft |
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has been approved by a resolution of each House of Parliament) after “41(6)” |
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(5) | After subsection (3) insert— |
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“(3A) | Subsection (3) also applies to an order under section 66C(4) which |
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makes provision increasing the figure in section 66C(3) by more than |
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is necessary to reflect changes in the value of money.” |
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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 |
| 40 |
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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|
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|
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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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|
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|
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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 |
| 15 |
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 |
| 35 |
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 |
| 40 |
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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 |
| 45 |
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 |
| 5 |
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 |
| 10 |
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— |
| |
(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 |
| |
be specified in the order; |
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(b) | provide for exceptions from the provisions of sub- |
| |
paragraphs (4) and (5) of paragraph 3, in such cases or |
| 25 |
classes of case, and in relation to cautions of such a |
| |
description, as may be specified in the order. |
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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 |
| 30 |
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 |
| |
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 |
| 35 |
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(2) | Subsection (2) (apart from paragraphs (b) and (d)) applies to the |
| |
determination of any issue, and the admission or requirement of |
| |
any evidence, relating to a person’s previous cautions or to |
| |
ancillary circumstances as it applies to matters relating to a |
| 40 |
person’s previous convictions and circumstances ancillary |
| |
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(3) | Subsection (3) applies to evidence of a person’s previous cautions |
| |
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 |
| 45 |
purpose subsection (3) shall have effect as if— |
| |
(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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|
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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 |
| |
of paragraph 3(1); and for that purpose subsection (4) shall have |
| |
effect as if the words “(other than proceedings to which section 8 |
| 5 |
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).” |
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Allocation of cases triable either way etc. |
| 10 |
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. |
| |
2 | In paragraph 2, in the paragraph set out in sub-paragraph (2), after |
| |
“committed” insert “for sentence”. |
| 15 |
3 | In paragraph 6, for subsection (2)(c) of the section set out in that paragraph |
| |
| |
“(c) | that if he is tried summarily and is convicted by the |
| |
court, he may be committed for sentence to the Crown |
| |
Court under section 3 or (if applicable) section 3A of |
| 20 |
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.” |
| |
4 | In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute |
| |
| 25 |
5 (1) | Paragraph 9 is amended as follows. |
| |
(2) | In sub-paragraph (3) after “(1A)” insert “, (1B)”. |
| |
(3) | After sub-paragraph (3) insert— |
| |
“(4) | In subsection (3) for “the said Act of 2000” substitute “the Powers |
| |
of Criminal Courts (Sentencing) Act 2000”.” |
| 30 |
6 | Paragraph 13 is omitted. |
| |
7 | Paragraph 22 is omitted. |
| |
8 | Before paragraph 23 insert— |
| |
“22A (1) | Section 3 (committal for sentence on summary trial of offence |
| |
triable either way) is amended as follows. |
| 35 |
| |
(a) | in paragraph (a) for the words from “greater punishment” |
| |
to the end of the paragraph substitute “the Crown Court |
| |
should, in the court’s opinion, have the power to deal with |
| |
|
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|