Legal Aid, Sentencing and Punishment of Offenders Act 2012

Criminal Justice and Police Act 2001 (c. 16)

4 After section 2 (penalty notices) insert—

“2A Educational course schemes

(1) A chief officer of police may establish an educational course scheme under this section in relation to one or more kinds of penalty offence committed in the chief officer’s area.

(2) An educational course scheme must include arrangements—

(a) for educational courses relating to the penalty offences to which the scheme relates to be provided to persons who are given penalty notices with an education option, and

(b) for a course fee set by the chief officer of police—

(i) to be paid by a person who attends an educational course, and

(ii) to be refunded in such circumstances (if any) as the chief officer considers appropriate.

(3) The purpose of an educational course mentioned in subsection (2) must be to reduce the likelihood of those who take the course committing the penalty offence, or penalty offences, to which the course relates.

(4) An educational course may be provided by any person who, and have any content that, the chief officer of police considers appropriate given its purpose.

(5) The Secretary of State may by regulations—

(a) provide that the fee mentioned in subsection (2)(b) may not be—

(i) less than an amount specified in the regulations, or

(ii) more than an amount so specified;

(b) make provision for and in connection with the disclosure, for the purpose of running an educational course scheme, of relevant personal information between—

(i) a person who is involved in the provision of an educational course under the scheme,

(ii) the chief officer of police who established the scheme, and

(iii) any other person specified or described in the regulations;

(c) make provision about the use of relevant personal information for that purpose;

(d) place restrictions on the disclosure or use of relevant personal information.

(6) In subsection (5) “relevant personal information” means any information that relates to, and identifies, a person who has been given a penalty notice with an education option.

(7) In this section’s application in relation to the Chief Constable of the British Transport Police Force, subsection (1) has effect as if the reference to one or more kinds of penalty offence committed in a chief officer of police’s area were a reference to one or more kinds of penalty offence—

(a) committed at, or in relation to, any of the places mentioned in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (places where a constable of the British Transport Police Force has the powers of a constable), or

(b) otherwise relating to a railway.

(8) In subsection (7) “railway” means—

(a) a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (interpretation), or

(b) a tramway within the meaning given by that section.”