Legal Aid, Sentencing and Punishment of Offenders Act 2012

Valid from 08/04/2013

Police and Criminal Evidence Act 1984 (c. 60) E+W

4 E+W The Police and Criminal Evidence Act 1984 is amended as follows.

5 E+W In section 34(5)(b) (requirement to release without bail unless proceedings may be taken or person may be reprimanded or warned), for the words from “reprimanded” to “65” substitute “ given a youth caution under section 66ZA ”.

6 E+W In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning of “caution”), for “warning or reprimand under section 65” substitute “ youth caution under section 66ZA ”.

7 (1) Section 61 (fingerprinting) is amended as follows. E+W

(2) In subsection (6) (power to fingerprint without consent in case of conviction etc for recordable offence)—

(a) at the end of paragraph (a) insert “ or ”,

(b) for “or” at the end of paragraph (b) substitute “ and ”, and

(c) omit paragraph (c) and the “and” at the end of that paragraph.

(3) In subsection (6ZA)(a) (conditions for application of subsection (6)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.

8 (1) Section 63 (non-intimate samples) is amended as follows. E+W

(2) In subsection (3B) (power to take non-intimate sample without consent in case of conviction etc for recordable offence)—

(a) at the end of paragraph (a) insert “ or ”,

(b) for “or” at the end of paragraph (b) substitute “ and ”, and

(c) omit paragraph (c) and the “and” at the end of that paragraph.

(3) In subsection (3BA)(a) (conditions for application of subsection (3B)), for “, cautioned or warned or reprimanded” substitute “ or cautioned ”.

9 E+W In section 64ZC(6)(a) (destruction of data relating to a person subject to a control order: persons to be treated as having been convicted of an offence)—

(a) for “or” at the end of sub-paragraph (i) substitute “ and ”, and

(b) omit sub-paragraph (ii) and the “and” at the end of that sub-paragraph.

10 E+W In section 64ZI(3) (persons to be treated as having been convicted of an offence for the purposes of sections 64ZB and 64ZD to 64ZH) omit paragraph (b) and the “or” preceding that paragraph.

11 (1) Schedule 2A (fingerprinting and samples: power to require attendance at police station) is amended as follows. E+W

(2) In paragraph 3 (attendance for fingerprinting: persons convicted etc of an offence in England and Wales)—

(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and

(b) in sub-paragraph (5) for “, caution or warning or reprimand” substitute “ or caution ”.

(3) In paragraph 11 (attendance for taking of non-intimate sample: persons convicted etc of an offence in England and Wales)—

(a) in sub-paragraph (2)(a) for “, cautioned or warned or reprimanded” substitute “ or cautioned ”, and

(b) in sub-paragraph (5)(a) for “, caution or warning or reprimand” substitute “ or caution ”.