Statutory Instruments
Rehabilitation Of Offenders
Made
26th February 2014
The Secretary of State makes the following Order in exercise of the powers conferred by sections 141(12) and 151(1) and (5)(b) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(1):
1.—(1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 9, Saving Provision and Specification of Commencement Date) Order 2014.
(2) In this Order—
(a)“the 1974 Act” means the Rehabilitation of Offenders Act 1974(2);
(b)“the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and
(c)“road traffic endorsement” means an order for endorsement made by a court in relation to an offence mentioned in Schedule 2 to the Road Traffic Offenders Act 1988(3) (which is a sentence in relation to which the last entry in Table A in section 5(2) of the 1974 Act(4) applies).
2. Subject to article 3, the following provisions of the 2012 Act come into force on 10th March 2014—
(a)section 139 (establishment or alteration of rehabilitation periods);
(b)section 141 (transitional and consequential provision) in so far as not already in force; and
(c)Schedule 25 (rehabilitation of offenders: consequential provision) except paragraph 4 (which omits section 3 of the 1974 Act(5)) (special provision with respect to certain disposals by children’s hearings under the Social Work (Scotland) Act 1968)).
3. The provisions brought into force by virtue of article 2 except section 139(5)(b) of the 2012 Act (which omits section 6(6) of the 1974 Act) are of no effect in relation to a road traffic endorsement.
4. The commencement date for the purposes of section 141(1) to (6) of the 2012 Act is 10th March 2014.
Signed by the authority of the Secretary of State
Jeremy Wright
Parliamentary Under Secretary of State
Ministry of Justice
26th February 2014
(This note is not part of the Order)
This Order is the ninth commencement order made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”).
Article 2 brings into force on 10th March 2014 sections 139 and 141(1) to (6), (10) and (11) of the 2012 Act together with Schedule 25 to that Act (with the exception of paragraph 4). Those provisions make amendments to the Rehabilitation of Offenders Act 1974 (c. 53) (“the 1974 Act”) and make consequential amendments to other legislation. Article 2 is subject to the saving provision in Article 3.
Article 3 makes saving provision for an endorsement given by a court for an offence mentioned in Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (“the 1988 Act”). Such an endorsement is a sentence in relation to which the last entry in Table A in section 5(2) of the 1974 Act applies. The principal effect of this saving provision is that such an endorsement continues to attract a rehabilitation period of 5 years.
Article 3 also provides that the saving provision does not apply to the commencement of section 139(5)(b) of the 2012 Act, which omits section 6(6) of the 1974 Act. The effect of the omission of section 6(6) of the 1974 Act is that summary offences and other offences in that subsection are taken into account when calculating the rehabilitation period under section 6(4) where a person is convicted of a further offence. The effect of article 3 is therefore that a conviction resulting in an endorsement given by a court in relation to an offence mentioned in Schedule 2 to the 1988 Act is affected by the omission of section 6(6) of the 1974 Act in the same way as any other conviction.
Article 4 specifies 10th March 2014 as the commencement date for the purposes of section 141(1) to (6) of the 2012 Act.
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Part 1 (in so far as not already in force, except section 19(4)) | 1st April 2013 | 2013/453 |
| Section 38(2) | 4th March 2013 | 2013/453 |
| Section 44 (for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 44 (in so far as not already in force) | 1st April 2013 | 2013/77 |
| Section 45(1) and (8) | 1st October 2012 | 2012/2412 |
| Section 45 (in so far as not already in force for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 45 (in so far as not already in force) | 1st April 2013 | 2013/77 |
| Section 46 (for the purpose of making orders, regulations or rules of court) | 19th January 2013 | 2013/77 |
| Section 46 (in so far as not already in force) | 1st April 2013 | 2013/77 |
| Section 47 | 1st April 2013 | 2013/77 |
| Section 48 | 19th January 2013 | 2013/77 |
| Section 49 | 1st April 2013 | 2013/773 |
| Section 50 | 1st April 2013 | 2013/773 |
| Section 51 | 1st April 2013 | 2013/773 |
| Section 52 | 1st April 2013 | 2013/773 |
| Section 53 | 1st April 2013 | 2013/773 |
| Section 54 | 1st April 2013 | 2013/773 |
| Section 55 | 1st October 2012 | 2012/2412 |
| Section 56 | 1st April 2013 | 2013/453 |
| Section 57 | 1st April 2013 | 2013/453 |
| Section 58 | 4th March 2013 | 2013/453 |
| Section 59 | 1st April 2013 | 2013/453 |
| Section 60 | 4th March 2013 | 2013/453 |
| Section 61 | 1st October 2012 | 2012/2412 |
| Section 62 | 1st October 2012 | 2012/2412 |
| Chapter 1 of Part 3 (except sections 67(2)(a) and (5)(a), 76, 77, 78(3) and 85 to 88) | 3rd December 2012 | 2012/2906 |
| Section 88 | 8th April 2013 | 2013/453 |
| Chapter 2 of Part 3 | 3rd December 2012 | 2012/2906 |
| Chapter 3 of Part 3 | 3rd December 2012 | 2012/2906 |
| Chapter 4 of Part 3 (except section 119) | 3rd December 2012 | 2012/2906 |
| Chapter 5 of Part 3 | 3rd December 2012 | 2012/2906 |
| Chapter 6 of Part 3 (except section 129) | 3rd December 2012 | 2012/2906 |
| Section 132 | 8th April 2013 | 2013/453 |
| Section 133 | 8th April 2013 | 2013/453 |
| Section 134 | 8th April 2013 | 2013/453 |
| Section 135 | 8th April 2013 | 2013/453 |
| Section 136 | 8th April 2013 | 2013/453 |
| Section 137 | 8th April 2013 | 2013/453 |
| Section 138 | 8th April 2013 | 2013/453 |
| Section 140 | 1st October 2012 | 2012/2412 |
| Section 141(7) to (9) and (12) | 1st October 2012 | 2012/2412 |
| Section 142 | 3rd December 2012 | 2012/2770 |
| Section 143 | 3rd December 2012 | 2012/2770 |
| Section 144 | 1st September 2012 | 2012/1956 |
| Section 145 | 3rd December 2012 | 2012/2770 |
| Section 146 | 3rd December 2012 | 2012/2770 |
| Section 147 | 3rd December 2012 | 2012/2770 |
| Section 148 | 14th May 2013 | 2012/1127 |
| Schedule 1 | 1st April 2013 | 2013/453 |
| Schedule 2 | 1st April 2013 | 2013/453 |
| Schedule 3 | 1st April 2013 | 2013/453 |
| Schedule 4 | 4th March 2013 | 2013/453 |
| Schedule 5 | 1st April 2013 | 2013/453 |
| Schedule 6 | 1st April 2013 | 2013/453 |
| Schedule 7 | 1st October 2012 | 2012/2412 |
| Schedule 8 | 1st October 2012 | 2012/2412 |
| Schedule 9 | 3rd December 2012 | 2012/2906 |
| Schedule 10 | 3rd December 2012 | 2012/2906 |
| Schedule 11 | 3rd December 2012 | 2012/2906 |
| Schedule 12 | 3rd December 2012 | 2012/2906 |
| Schedule 13 | 3rd December 2012 | 2012/2906 |
| Schedule 14 | 3rd December 2012 | 2012/2906 |
| Schedule 15 | 3rd December 2012 | 2012/2906 |
| Schedule 16 | 3rd December 2012 | 2012/2906 |
| Schedule 17 | 3rd December 2012 | 2012/2906 |
| Schedule 18 | 3rd December 2012 | 2012/2906 |
| Schedule 19 | 3rd December 2012 | 2012/2906 |
| Schedule 20 | 3rd December 2012 | 2012/2906 |
| Schedule 21 | 3rd December 2012 | 2012/2906 |
| Schedule 22 | 3rd December 2012 | 2012/2906 |
| Schedule 23 | 8th April 2013 | 2013/453 |
| Schedule 24 | 8th April 2013 | 2013/453 |
| Schedule 26 | 3rd December 2012 | 2012/2770 |
| Schedule 27 | 3rd December 2012 | 2012/2770 |
1988 c. 53. Schedule 2 to that Act has been amended, in so far as it relates to endorsements, by paragraphs 2, 7, 19, 21, 23 and 30 of Schedule 2 to the Road Traffic Act 1991 (c. 40), section 3(1) of the Aggravated Vehicle-Taking Act 1992 (c. 40) and sections 18(6), 20(4), 21(3) and 28 of the Road Safety Act 2006 (c. 49). Section 56(4) of the Crime and Courts Act 2013 (c. 22) amends Schedule 2 but is not yet in force. There have been other amendments that are not relevant.
The heading of Table A was amended by paragraph 5(b) of Schedule 8 and paragraph 22(2) of Schedule 12 to the Criminal Justice Act 1991 (c. 53). The last entry in Table A was amended by paragraph 6(2) of Schedule 4 to the Youth Justice and Criminal Evidence Act 1999 (c. 23).
Section 3 of the 1974 Act was amended, in relation to Scotland, by paragraph 23(2) of Schedule 4 to the Children (Scotland) Act 1995 (c. 36). Section 3 was also modified, in relation to Scotland, by article 2(3) of the Children’s Hearings (Scotland) Act 2011 (Rehabilitation of Offenders) (Transitory Provisions) Order 2013 (S.S.I. 2013/146).