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Criminal Justice and Immigration Bill
Schedule 10 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

204

 

Schedule 10

Section 49

 

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 10 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

205

 

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 10 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

206

 

(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 10 — Protection for spent cautions under the Rehabilitation of Offenders Act 1974

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      (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 11 — Electronic monitoring of persons released on bail subject to conditions

208

 

      (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 11

Section 51

 

Electronic monitoring of persons released on bail subject to conditions

1          

The Bail Act 1976 (c. 63) has effect subject to the following amendments.

2          

In section 3 (general provisions) for subsection (6ZAA) substitute—

“(6ZAA)   

The requirements which may be imposed under subsection (6)

20

include electronic monitoring requirements.

   

The imposition of electronic monitoring requirements is subject to

section 3AA (in the case of a child or young person), section 3AB (in

the case of other persons) and section 3AC (in all cases).

(6ZAB)   

In this section and sections 3AA to 3AC “electronic monitoring

25

requirements” means requirements imposed for the purpose of

securing the electronic monitoring of a person’s compliance with any

other requirement imposed on him as a condition of bail.”

3     (1)  

Section 3AA (electronic monitoring of compliance with bail conditions) is

amended as follows.

30

      (2)  

In the heading to the section, for “Electronic monitoring of compliance with

bail conditions” substitute “Conditions for the imposition of electronic

monitoring requirements: children and young persons”.

      (3)  

For subsection (1) substitute—

“(1)   

A court may not impose electronic monitoring requirements on a

35

child or young person unless each of the following conditions is

met.”

      (4)  

For subsection (4) substitute—

“(4)   

The third condition is that the court is satisfied that the necessary

provision for dealing with the person concerned can be made under

40

arrangements for the electronic monitoring of persons released on

 

 

Criminal Justice and Immigration Bill
Schedule 11 — Electronic monitoring of persons released on bail subject to conditions

209

 

bail that are currently available in each local justice area which is a

relevant area.”’

      (5)  

In subsection (5), for “such a requirement” substitute “electronic monitoring

requirements”.

      (6)  

Subsections (6) to (10) and (12) (which are superseded by section 3AC) are

5

omitted.

4          

After section 3AA insert—

“3AB    

Conditions for the imposition of electronic monitoring requirements:

other persons

(1)   

A court may not impose electronic monitoring requirements on a

10

person who has attained the age of seventeen unless each of the

following conditions is met.

(2)   

The first condition is that the court is satisfied that without the

electronic monitoring requirements the person would not be granted

bail.

15

(3)   

The second condition is that the court is satisfied that the necessary

provision for dealing with the person concerned can be made under

arrangements for the electronic monitoring of persons released on

bail that are currently available in each local justice area which is a

relevant area.

20

(4)   

If the person is aged seventeen, the third condition is that a youth

offending team has informed the court that in its opinion the

imposition of electronic monitoring requirements will be suitable in

his case.

3AC     

Electronic monitoring: general provisions

25

(1)   

Where a court imposes electronic monitoring requirements as a

condition of bail, the requirements must include provision for

making a person responsible for the monitoring.

(2)   

A person may not be made responsible for the electronic monitoring

of a person on bail unless he is of a description specified in an order

30

made by the Secretary of State.

(3)   

The Secretary of State may make rules for regulating—

(a)   

the electronic monitoring of persons on bail;

(b)   

without prejudice to the generality of paragraph (a), the

functions of persons made responsible for such monitoring.

35

(4)   

The rules may make different provision for different cases.

(5)   

Any power of the Secretary of State to make an order or rules under

this section is exercisable by statutory instrument.

(6)   

A statutory instrument containing rules under this section shall be

subject to annulment in pursuance of a resolution of either House of

40

Parliament.

(7)   

For the purposes of section 3AA or 3AB a local justice area is a

relevant area in relation to a proposed electronic monitoring

requirement if the court considers that it will not be practicable to

 

 

Criminal Justice and Immigration Bill
Schedule 12 — Bail for summary offences and certain other offences to be tried summarily

210

 

secure the electronic monitoring in question unless electronic

monitoring arrangements are available in that area.

(8)   

Nothing in sections 3, 3AA or 3AB is to be taken to require the

Secretary of State to ensure that arrangements are made for the

electronic monitoring of persons released on bail.”

5

Schedule 12

Section 52

 

Bail for summary offences and certain other offences to be tried summarily

1          

The Bail Act 1976 (c. 63) is amended as follows.

10

2          

In section 3(6D)(a) (condition to be imposed on person in relation to whom

paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after

“apply” insert “(including where P is a person to whom the provisions of

Part 1A of Schedule 1 apply)”.

3          

After section 9 (offence of agreeing to indemnify sureties in criminal

15

proceedings) insert—

“9A     

Bail decisions relating to persons aged under 18 who are accused of

offences mentioned in Schedule 2 to the Magistrates’ Courts Act 1980

(1)   

This section applies whenever—

(a)   

a magistrates’ court is considering whether to withhold or

20

grant bail in relation to a person aged under 18 who is

accused of a scheduled offence; and

(b)   

the trial of that offence has not begun.

(2)   

The court shall, before deciding whether to withhold or grant bail,

consider whether, having regard to any representations made by the

25

prosecutor or the accused person, the value involved does not exceed

the relevant sum for the purposes of section 22.

(3)   

The duty in subsection (2) does not apply in relation to an offence

if—

(a)   

a determination under subsection (4) has already been made

30

in relation to that offence; or

(b)   

the accused person is, in relation to any other offence of

which he is accused which is not a scheduled offence, a

person to whom Part 1 of Schedule 1 to this Act applies.

(4)   

If where the duty in subsection (2) applies it appears to the court

35

clear that, for the offence in question, the amount involved does not

exceed the relevant sum, the court shall make a determination to that

effect.

(5)   

In this section—

(a)   

“relevant sum” has the same meaning as in section 22(1) of

40

the Magistrates’ Courts Act 1980 (certain either way offences

 

 

 
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