Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 1 E+W+S Rehabilitation of offenders: general

Rehabilitation of Offenders Act 1974: England and Wales E+W

1 E+W The Rehabilitation of Offenders Act 1974 is amended as follows.

Commencement Information

I1 Sch. 25 para. 1 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

2 E+W In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I2 Sch. 25 para. 2 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

3 E+W In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I3 Sch. 25 para. 3 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Prospective

4 E+W Omit section 3 (special provision with respect to certain disposals by children's hearings under the Social Work (Scotland) Act 1968).

5 E+W In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I4 Sch. 25 para. 5 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

6 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows. E+W

(2) In subsection (2)(a) for “Great Britain” substitute “ England and Wales ”.

(3) In subsection (3) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I5 Sch. 25 para. 6 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

7 E+W Omit section 8(8) (defamation actions: application of section to Scotland).

Commencement Information

I6 Sch. 25 para. 7 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

8 E+W In section 8A(2)(d) (definition of “caution”) after “Wales” insert “ and which is not an alternative to prosecution (within the meaning of section 8AA) ”.

Commencement Information

I7 Sch. 25 para. 8 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

9 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows. E+W

(2) In subsection (3) omit “(or, in Scotland, the accused person)”.

(3) In subsection (8) omit “, in England and Wales,”.

Commencement Information

I8 Sch. 25 para. 9 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

10 E+W After section 10(1) (orders) insert—

“(1A) Any power of the Secretary of State to make an order under any provision of this Act includes power—

(a) to make different provision for different purposes, and

(b) to make incidental, consequential, supplementary, transitional, transitory or saving provision.

(1B) The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.”

Commencement Information

I9 Sch. 25 para. 10 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

11 E+W Omit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Commencement Information

I10 Sch. 25 para. 11 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Rehabilitation of Offenders Act 1974: Scotland S

12 S The Rehabilitation of Offenders Act 1974 is amended as follows.

Commencement Information

I11 Sch. 25 para. 12 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

13 S In section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I12 Sch. 25 para. 13 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

14 S In section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I13 Sch. 25 para. 14 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

15 S In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I14 Sch. 25 para. 15 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

16 (1) Section 7 (limitations on rehabilitation under the Act) is amended as follows. S

(2) In subsection (2)(a) for “Great Britain” substitute “ Scotland ”.

(3) In subsection (3) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I15 Sch. 25 para. 16 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

17 (1) Section 9 (unauthorised disclosure of spent convictions) is amended as follows. S

(2) In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “ accused person ”.

(3) Omit subsection (8).

Commencement Information

I16 Sch. 25 para. 17 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)