Legal Aid, Sentencing and Punishment of Offenders Act 2012

3 (1) Section 2 (penalty notices) is amended as follows E+W

(2) In subsection (1) for “10” substitute “ 18 ”.

(3) After subsection (1) insert—

“(1A) If the offence mentioned in subsection (1) is a relevant penalty offence, the constable may give the person a penalty notice with an education option.”

(4) Omit subsection (2) (requirement that constable giving a penalty notice other than at a police station be in uniform).

(5) Omit subsection (3) (requirement that constable giving a penalty notice at a police station be an authorised constable).

(6) In subsection (4)—

(a) after “Chapter”, in the first place it appears, insert “—

approved educational course” means an educational course run as part of an educational course scheme established by—

(a) in the case of a notice given by a constable of the British Transport Police Force, the Chief Constable of that force, and

(b) in any other case, the chief officer of police for the area in which the notice is given;

“educational course scheme” means a scheme established by a chief officer of police under section 2A;”, and

(b) at the end insert “;

penalty notice with an education option” means a penalty notice that also offers the opportunity to discharge any liability to be convicted of the offence to which the notice relates by—

(a) completing an approved educational course, and

(b) paying the course fee.”

(7) After subsection (4) insert—

“(4A) In this section, “relevant penalty offence” means a penalty offence in relation to which there is an approved educational course.

(4B) The Secretary of State may by regulations make provision about the revocation of penalty notices.”

(8) Omit subsection (5) (definition of “authorised constable”).

(9) Omit subsections (6) to (9) (Secretary of State order making power and associated provision).