Rehabilitation of Offenders Act 1974 (c. 53)

[F1 SCHEDULE 2 E+W Protection for spent cautions

Textual Amendments

F1 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)

Preliminary E+W

1 (1) For the purposes of this Schedule a caution shall be regarded as a spent caution— E+W

(a) in the case of a conditional caution (as defined in section 8A(2)(a)) [F2 —

(i) at the end of the period of three months from the date on which the caution is given, or

(ii) if earlier, when the caution ceases to have effect; and]

(b) in any other case, at the time the caution is given.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 Sch. 2 para. 1(1)(a)(i)(ii) substituted for words (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(7)(a), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

F3 Sch. 2 para. 1(2)(3) omitted (10.3.2014) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 139(7)(b), 151(1) (with s. 141(1)-(6)); S.I. 2014/423, art. 2(a) (with art. 3)

F4 By Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(17)(a); S.S.I. 2020/245, reg. 2, sch. (with reg. 3) it is provided that (S.) (30.11.2020) in Sch. 2 para. 1(3)(a)(b) the word “disclosure” is substituted for “rehabilitation” in each place where it occurs [Editorial note: The purported substitution cannot be applied because the affected provision does not extend to Scotland.]