F1SCHEDULE 2Protection for spent cautions

Annotations:
Amendments (Textual)

Preliminary

2

1

In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following—

a

the offence which was the subject of the caution or the conduct constituting that offence;

b

any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution);

c

any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end);

d

any judicial review proceedings relating to the caution;

e

in the case of a warning under section 65 of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section 66(2) of that Act;

f

in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions.

2

Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned.

3

In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4.