F1SCHEDULE 2Protection for spent cautions
Preliminary
1
1
For the purposes of this Schedule a caution shall be regarded as a spent caution—
a
in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution;
b
in any other case, at the time the caution is given.
2
In sub-paragraph (1)(a) “the relevant period for the caution” means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given.
3
If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given—
a
the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and
b
if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence.
Sch. 2 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 49, 153(7), Sch. 10 para. 6 (with Sch. 27 para. 19); S.I. 2008/3260, art. 2(1)(d)