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Legal Aid, Sentencing and Punishment of Offenders Act 2012
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Changes to legislation:
Legal Aid, Sentencing and Punishment of Offenders Act 2012, Section 138 is up to date with all changes known to be in force on or before 27 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 138:
- s. 9(3)(4) inserted by 2022 c. 36 s. 25(2)
- s. 9A inserted by 2023 c. 32 s. 89(3)
- s. 9B inserted by 2023 c. 32 s. 90
- s. 10(3A)-(3E) inserted by 2022 c. 36 s. 67
- s. 128(3)(aza) inserted by 2024 c. 21 s. 60(2)(a)
- s. 128(3)(aaza) inserted by 2024 c. 21 s. 60(2)(b)
- s. 128(3A) inserted by 2024 c. 21 s. 60(3)
- s. 128(7) inserted by 2024 c. 21 s. 71
- Sch. 1 Pt. 1 para. 31ZA and cross-heading inserted by 2022 c. 36 s. 25(1)
- Sch. 1 Pt. 1 para. 31B and cross-heading inserted by 2022 c. 36 s. 57(2)
- Sch. 1 Pt. 1 para. 19(1A)(1B) and heading inserted by 2022 c. 36 s. 66(2)(a)
- Sch. 1 Pt. 1 para. 19(2A) inserted by 2022 c. 36 s. 66(2)(b)
- Sch. 1 Pt. 1 para. 19(8A) and heading inserted by 2022 c. 36 s. 66(2)(c)
- Sch. 1 Pt. 1 para. 25(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 26(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27A(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 25(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 26(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27A(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 30(1A) and heading inserted by 2022 c. 36 s. 66(4)(a)
- Sch. 1 Pt. 1 para. 30(2A) inserted by 2022 c. 36 s. 66(4)(b)
- Sch. 1 Pt. 1 para. 30(3A) and heading inserted by 2022 c. 36 s. 66(4)(c)
- Sch. 1 Pt. 1 para. 31A(2A) and heading inserted by 2022 c. 36 s. 66(5)(a)
- Sch. 1 Pt. 1 para. 31A(3A)(3B) and heading inserted by 2022 c. 36 s. 66(5)(b)
- Sch. 1 Pt. 1 para. 19(6A) inserted by 2023 c. 37 s. 56(2)(a)
- Sch. 1 Pt. 1 para. 31C inserted by 2023 c. 37 s. 56(3)
- Sch. 1 Pt. 1 para. 27A(1) inserted by S.I. 2017/617 reg. 3(4) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 11(1A) inserted by S.I. 2023/150 art. 4(3)(a)
- Sch. 1 Pt. 1 para. 11(3A) inserted by S.I. 2023/150 art. 4(3)(b)
- Sch. 1 Pt. 1 para. 2(1)(b) omitted by 2018 anaw 2 Sch. 1 para. 21(2)(a)(ii)
- Sch. 1 Pt. 1 para. 45(2) omitted by 2023 c. 32 s. 91(2)
- Sch. 1 Pt. 1 para. 45(3) substituted by 2023 c. 32 s. 91(3)
- Sch. 1 Pt. 1 para. 26(1) substituted by S.I. 2017/617 reg. 3(2)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27(1) substituted by S.I. 2017/617 reg. 3(3)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 19(10) words inserted by 2023 c. 37 s. 56(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(a)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words omitted by 2016 c. 19 Sch. 11 para. 2(l)
- Sch. 1 Pt. 1 para. 45(4) words omitted by 2023 c. 32 s. 91(4)
- Sch. 1 Pt. 1 para. 26 heading words substituted by S.I. 2017/617 reg. 3(2)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27 heading words substituted by S.I. 2017/617 reg. 3(3)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 16A inserted by 2023 c. 37 s. 56(4)
- Sch. 1 Pt. 3 para. 11(b) and word inserted by S.I. 2017/617 reg. 3(6)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 8(b) omitted by S.I. 2017/617 reg. 3(5) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 11(a) and word omitted by S.I. 2017/617 reg. 3(6)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 4 para. 8 inserted by 2022 c. 36 s. 66(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 9(3)(4) inserted by 2022 c. 36 s. 25(2)
- s. 9A inserted by 2023 c. 32 s. 89(3)
- s. 9B inserted by 2023 c. 32 s. 90
- s. 10(3A)-(3E) inserted by 2022 c. 36 s. 67
- s. 128(3)(aza) inserted by 2024 c. 21 s. 60(2)(a)
- s. 128(3)(aaza) inserted by 2024 c. 21 s. 60(2)(b)
- s. 128(3A) inserted by 2024 c. 21 s. 60(3)
- s. 128(7) inserted by 2024 c. 21 s. 71
- Sch. 1 Pt. 1 para. 31ZA and cross-heading inserted by 2022 c. 36 s. 25(1)
- Sch. 1 Pt. 1 para. 31B and cross-heading inserted by 2022 c. 36 s. 57(2)
- Sch. 1 Pt. 1 para. 19(1A)(1B) and heading inserted by 2022 c. 36 s. 66(2)(a)
- Sch. 1 Pt. 1 para. 19(2A) inserted by 2022 c. 36 s. 66(2)(b)
- Sch. 1 Pt. 1 para. 19(8A) and heading inserted by 2022 c. 36 s. 66(2)(c)
- Sch. 1 Pt. 1 para. 25(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 26(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 27A(1A) and heading inserted by 2022 c. 36 s. 66(3)(a)
- Sch. 1 Pt. 1 para. 25(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 26(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 27A(3)(4) and heading inserted by 2022 c. 36 s. 66(3)(b)
- Sch. 1 Pt. 1 para. 30(1A) and heading inserted by 2022 c. 36 s. 66(4)(a)
- Sch. 1 Pt. 1 para. 30(2A) inserted by 2022 c. 36 s. 66(4)(b)
- Sch. 1 Pt. 1 para. 30(3A) and heading inserted by 2022 c. 36 s. 66(4)(c)
- Sch. 1 Pt. 1 para. 31A(2A) and heading inserted by 2022 c. 36 s. 66(5)(a)
- Sch. 1 Pt. 1 para. 31A(3A)(3B) and heading inserted by 2022 c. 36 s. 66(5)(b)
- Sch. 1 Pt. 1 para. 19(6A) inserted by 2023 c. 37 s. 56(2)(a)
- Sch. 1 Pt. 1 para. 31C inserted by 2023 c. 37 s. 56(3)
- Sch. 1 Pt. 1 para. 27A(1) inserted by S.I. 2017/617 reg. 3(4) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 11(1A) inserted by S.I. 2023/150 art. 4(3)(a)
- Sch. 1 Pt. 1 para. 11(3A) inserted by S.I. 2023/150 art. 4(3)(b)
- Sch. 1 Pt. 1 para. 2(1)(b) omitted by 2018 anaw 2 Sch. 1 para. 21(2)(a)(ii)
- Sch. 1 Pt. 1 para. 45(2) omitted by 2023 c. 32 s. 91(2)
- Sch. 1 Pt. 1 para. 45(3) substituted by 2023 c. 32 s. 91(3)
- Sch. 1 Pt. 1 para. 26(1) substituted by S.I. 2017/617 reg. 3(2)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27(1) substituted by S.I. 2017/617 reg. 3(3)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 19(10) words inserted by 2023 c. 37 s. 56(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(a)
- Sch. 1 Pt. 1 para. 31(1)(a) words inserted by S.I. 2023/147 art. 2(2)(b)
- Sch. 1 Pt. 1 para. 31(1)(a) words omitted by 2016 c. 19 Sch. 11 para. 2(l)
- Sch. 1 Pt. 1 para. 45(4) words omitted by 2023 c. 32 s. 91(4)
- Sch. 1 Pt. 1 para. 26 heading words substituted by S.I. 2017/617 reg. 3(2)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 1 para. 27 heading words substituted by S.I. 2017/617 reg. 3(3)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 16A inserted by 2023 c. 37 s. 56(4)
- Sch. 1 Pt. 3 para. 11(b) and word inserted by S.I. 2017/617 reg. 3(6)(b) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 8(b) omitted by S.I. 2017/617 reg. 3(5) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 3 para. 11(a) and word omitted by S.I. 2017/617 reg. 3(6)(a) (This amendment comes into force on the commencement of paragraph 1 of Schedule 10 to the Immigration Act 2016 (c. 19))
- Sch. 1 Pt. 4 para. 8 inserted by 2022 c. 36 s. 66(6)
138Youth conditional cautions: involvement of prosecutorsE+W
This section has no associated Explanatory Notes
(1)The Crime and Disorder Act 1998 is amended as follows.
(2)In section 66A(4) (conditions that may be attached to a youth conditional caution) for “by a relevant prosecutor” substitute “ in the condition ”.
(3)In section 66B(2) (relevant prosecutor must decide that there is sufficient evidence to prosecute and that a conditional caution should be given) after “a relevant prosecutor” insert “ or the authorised person ”.
(4)In section 66C(5) (relevant prosecutor must specify amount of financial penalty and how it must be paid etc) for “a relevant prosecutor must also” substitute “ the condition must ”.
(5)In section 66D (variation of conditions by relevant prosecutor) after “A relevant prosecutor” insert “ or an authorised person ”.
(6)In section 66G (code of practice) in subsection (2)(h) (Secretary of State's code of practice may include provision about what a relevant prosecutor may provide under section 66C(5)(b)) for “by a relevant prosecutor” substitute “ in a condition ”.
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