- Latest available (Revised)
- Original (As enacted)
Legal Aid, Sentencing and Punishment of Offenders Act 2012 is up to date with all changes known to be in force on or before 08 October 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part 2 Litigation funding and costs
Payments for legal services in civil cases
49.Divorce etc proceedings: orders for payment in respect of legal services
50.Divorce etc proceedings: matters to be considered by court making legal services order
52.Dissolution etc proceedings: orders for payment in respect of legal services
53.Dissolution etc proceedings: matters to be considered by court making legal services order
Part 3 Sentencing and Punishment of Offenders
CHAPTER 3 Remands of children otherwise than on bail
Remands to youth detention accommodation
98.First set of conditions for a remand to youth detention accommodation
99.Second set of conditions for a remand to youth detention accommodation
100.First set of conditions for a remand to youth detention accommodation: extradition cases
101.Second set of conditions for a remand to youth detention accommodation: extradition cases
CHAPTER 4 Release on licence etc
CHAPTER 7 Out of court disposals
SCHEDULES
Inherent jurisdiction of High Court in relation to children and vulnerable adults
Transitional EU arrangements and international agreements concerning children
Transitional EU arrangements and international agreements concerning maintenance
Immigration: victims of domestic violence and indefinite leave to remain
Immigration: victims of domestic violence and residence cards
Immigration, citizenship and nationality: separated children
Victims of slavery, servitude or forced or compulsory labour
Foreign power threat activity prevention and investigation measures
1.Civil legal services provided in relation to personal injury or...
2.Civil legal services provided in relation to a claim in...
3.Civil legal services provided in relation to a claim in...
4.Civil legal services provided in relation to a claim in...
5.Civil legal services provided in relation to a claim in...
6.Civil legal services provided in relation to damage to property....
7.Civil legal services provided in relation to defamation or malicious...
8.Civil legal services provided in relation to a claim in...
9.Civil legal services provided in relation to conveyancing.
10.Civil legal services provided in relation to the making of...
11.Civil legal services provided in relation to matters of trust...
12.(1) Civil legal services provided in relation to a claim...
13.Civil legal services provided in relation to matters of company...
14.Civil legal services provided to an individual in relation to...
15.(1) Civil legal services provided in relation to a benefit,...
16.Civil legal services provided in relation to compensation under the...
17.Civil legal services provided in relation to changing an individual's...
18.(1) Civil legal services provided in relation to judicial review...
Part 3 Advocacy: exclusion and exceptions
10.Advocacy in proceedings in the Mental Health Review Tribunal for...
11.Advocacy in proceedings in the First-tier Tribunal under—
12.Advocacy in proceedings in the First-tier Tribunal under—
13.Advocacy in the First-tier Tribunal that falls within the description...
14.Advocacy in proceedings in the First-tier Tribunal under—
15.Advocacy in proceedings in the Upper Tribunal arising out of...
16.Advocacy in proceedings in the Upper Tribunal under section 4...
17.Advocacy in proceedings in the Upper Tribunal under section 11...
18.Advocacy in proceedings which are brought before the Upper Tribunal...
19.Advocacy where judicial review applications are transferred to the Upper...
20.Advocacy in proceedings in the Employment Appeal Tribunal, but only...
21.Advocacy in proceedings in the Special Immigration Appeals Commission.
22.Advocacy in proceedings in the Proscribed Organisations Appeal Commission.
22A.Advocacy in proceedings before a District Judge (Magistrates' Courts) under...
23.Advocacy in legal proceedings before any person to whom a...
24.Advocacy in bail proceedings before any court which are related...
25.Advocacy in proceedings before any person for the enforcement of...
2.References in this Schedule to an Act or instrument, or...
3.References in this Schedule to services provided in relation to...
4.References in this Schedule to services provided in relation to...
6.For the purposes of this Schedule, regulations may make provision...
7.In this Schedule “enactment” includes— (a) an enactment contained in...
Criminal legal aid: motor vehicle orders
Transfer of employees and property etc of Legal Services Commission
Legal aid: consequential amendments
8.(1) Section 47 (jurisdiction and powers of Tribunal) is amended...
9.In section 49(3) (appeals from Tribunal) for “providing representation funded...
Magistrates' Courts Act 1980 (c. 43)
13.In section 8(4) (matters which may be contained in report...
14.In section 8A(5) (power to make ruling at pre-trial hearing)—...
15.In section 8C(7) (matters to which reporting restrictions do not...
16.In section 92(1)(b) (exception to restriction on power to impose...
17.In section 130(3) (powers of alternate court on transfer of...
18.In section 145A(4) (rules about costs orders against legal representatives)...
Administration of Justice Act 1985 (c. 61)
27.Part 3 of the Administration of Justice Act 1985 (legal...
28.In section 40(1) (legal aid complaints) for the words from...
29.In section 41(2) (reduction of fees payable where legal aid...
30.(1) Section 42 (exclusion of barristers from legal aid work)...
31.In section 43(3) (reduction of costs payable where legal aid...
32.In paragraph 20(1) of Schedule 2 (powers of Tribunal in...
Crime and Disorder Act 1998 (c. 37)
46.The Crime and Disorder Act 1998 is amended as follows....
47.(1) Section 50 (early administrative hearings) is amended as follows....
48.In section 51B(6)(b) (effect of notice given under section 51B...
49.In section 52A(7) (matters to which reporting restrictions do not...
50.In paragraph 3(8) of Schedule 3 (matters to which reporting...
Northern Ireland: information about financial resources
Changes to powers to make suspended sentence orders: consequential and transitory provision
Part 1 Consequential amendments
Criminal Justice Act 2003 (c. 44)
4.In section 190(2) (limits on power to impose requirements by...
5.In section 191(1) (power to provide for review of suspended...
6.(1) Section 195 (interpretation of Chapter 3) is amended as...
7.(1) Section 196 (meaning of “relevant order”) is amended as...
8.In section 200(4) (supervision period and operational period where unpaid...
9.In section 213(3)(d) (supervision requirement: meaning of “relevant period”) for...
11.In Part 3 of Schedule 12 (amendment of suspended sentence...
12.(1) Schedule 13 (transfer of suspended sentence orders to Scotland...
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (SI 2009/1059)
Repeal of sections 181 to 188 of Criminal Justice Act 2003: consequential amendments
Criminal Justice Act 2003 (c. 44)
13.In section 195 (interpretation of Chapter 3), omit the definitions...
14.(1) Section 196 (meaning of “relevant order” in Chapter 4)...
15.In section 197(1)(a)(i) (meaning of “responsible officer), omit “182(1) or”....
16.In section 202(4)(b) (circumstances in which court must not include...
17.Omit section 204(4) and (5) (restrictions on imposing curfew requirement)....
18.In section 213(3) (definition of “relevant period” for supervision requirement),...
19.Omit section 216(2) (requirement to specify area in which offender...
20.In section 241 (effect of direction under section 240 or...
21.(1) Section 244 (duty to release prisoners) is amended as...
22.Omit section 245 (restrictions on duty to release intermittent custody...
23.(1) Section 246 (power to release prisoners on licence early)...
24.In section 249 (duration of licence)— (a) in subsection (1),...
25.In section 250 (licence conditions)— (a) omit subsections (2), (2A),...
26.Omit section 251 (licence conditions on re-release of those serving...
27.In section 252(2) (duty to comply with licence conditions: overseas)—...
28.Omit section 253(4) (curfew conditions for those subject to intermittent...
29.In section 260(7) (early removal of persons liable to removal...
30.In section 261(6) (re-entry to UK of offender removed early:...
31.Omit section 263(3) (concurrent terms: requirements of licence).
32.(1) Section 264 (consecutive terms) is amended as follows.
33.Omit section 264A (consecutive terms: intermittent custody).
34.Omit section 265(1B) (restriction on consecutive sentences: intermittent custody).
35.In section 268 (interpretation of Chapter 6), omit the definitions...
36.In section 302 (execution of process between England and Wales...
38.(1) Schedule 12 (breach or amendment of suspended sentence order...
39.In Schedule 32 (amendments relating to sentencing), omit paragraphs 12(2),...
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)
Amendment of enactments relating to bail
2.In section 2(2) (definitions)— (a) insert the following definitions at...
4.(1) Section 3AA (conditions for the imposition of electronic monitoring...
5.After section 3AA insert— Conditions for the imposition of electronic...
6.(1) Section 3AB (conditions for the imposition of electronic monitoring...
7.In section 3AC (electronic monitoring: general provisions) in each of...
8.(1) Section 7 (liability to arrest for absconding or breaking...
9.(1) Section 9A (bail decisions relating to persons aged under...
11.For the heading immediately before paragraph 1 (defendants to whom...
13.After paragraph 1 insert— (1) The paragraphs of this Part of this Schedule mentioned...
14.In paragraph 2 (exceptions to bail where defendant may fail...
15.After paragraph 2 insert— (1) The defendant need not be granted bail if the...
16.For paragraph 2A (refusal of bail where defendant appears to...
17.For paragraph 6 (refusal of bail where defendant fails to...
18.In paragraph 6A (certain drug users to be refused bail...
19.In paragraph 9 (considerations to which the court must have...
20.In paragraph 9AA (court to give particular weight to the...
21.In paragraph 9AB (factors to be given particular weight by...
23.For the heading immediately before paragraph 1 (defendants to whom...
24.In paragraph 1 (defendants to whom Part 1A applies) for...
25.After paragraph 1 insert— (1) The paragraphs of this Part of this Schedule mentioned...
26.(1) Paragraph 4 (refusal of bail to defendants who are...
28.In paragraph 2 (refusal of bail for failure to surrender...
29.In paragraph 5 (refusal of bail in certain circumstances when...
30.After paragraph 5 insert— (1) The defendant need not be granted bail if—
Remands of children otherwise than on bail: minor and consequential amendments
Children and Young Persons Act 1969 (c. 54)
6.Omit section 23 (remands and committals to local authority accommodation)....
7.Omit section 23AA (electronic monitoring of conditions of remand).
8.Omit section 23A (liability to arrest for breaking conditions of...
9.(1) Section 23B (report by local authority in certain cases...
10.(1) Section 32 (detention of absentees) is amended as follows....
11.In section 34(1) (transitional modifications of Part 1 for persons...
12.In section 69 (orders and regulations etc) omit subsection (4A)....
Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912)
Prisoners serving less than 12 months: consequential amendments
Criminal Justice Act 2003 (c. 44)
6.(1) Section 244 (duty to release prisoners on licence) is...
7.In section 246(6) (power to release prisoners early: definitions), in...
8.(1) Section 249 (duration of licence) is amended as follows....
9.In section 250(4) (licence conditions) omit “for a term of...
10.In section 253(3) (period for which curfew condition to remain...
11.In section 260 (early removal of prisoners liable to removal...
12.(1) Section 261 (re-entry to UK of offender removed early)...
13.In section 263(2) (concurrent terms)— (a) after paragraph (a) insert—...
14.In section 264 (consecutive terms)— (a) in subsection (2), omit...
15.In section 267 (alteration by order of proportion of sentence),...
Application of sections 108 to 119 and transitional and transitory provision
1.In this Schedule— (a) “the commencement date”, in relation to...
2.(1) The following provisions apply in relation to any person...
3.The following provisions apply in relation to any person sentenced...
5.Section 113 applies in relation to any person recalled under...
6.Section 114 applies in relation to any person recalled under...
Amendments of Criminal Justice Act 2003: transitional and consequential provision
Criminal Justice Act 2003: restatement of transitional provision
2.In section 244 (duty to release prisoners on licence), after...
3.In section 247 (release on licence of prisoner serving extended...
4.In section 249 (duration of licence), at the end insert—...
5.(1) Section 258 (early release of fine defaulters and contemnors)...
6.In section 260 (early removal of prisoners liable to removal...
7.In section 263 (concurrent terms), after subsection (4) insert—
8.In section 264 (consecutive terms), after subsection (7) insert—
9.After section 267A (inserted by Schedule 16) insert— Modification of...
10.After Schedule 20A (inserted by Schedule 16) insert— SCHEDULE 20B...
Life sentence for second listed offence etc: new Schedule 15B to Criminal Justice Act 2003
Life sentence for second listed offence: consequential and transitory provision
Part 1 Consequential provision
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
3.The Powers of Criminal Courts (Sentencing) Act 2000 is amended...
4.In section 12 (absolute and conditional discharge), in subsection (1),...
5.In section 130 (compensation orders against convicted persons), in subsection...
6.In section 146 (driving disqualification for any offence), in subsection...
7.In section 164 (interpretation), in subsection (3)(c), after “section” insert...
Criminal Justice Act 2003 (c. 44)
9.In section 142 (purposes of sentencing: offenders aged 18 and...
10.In section 150 (community sentence not available where sentence fixed...
11.In section 152 (general restrictions on imposing discretionary custodial sentence),...
12.In section 153 (length of discretionary custodial sentences: general provision),...
13.In section 156 (pre-sentence reports and other requirements), after subsection...
16.In section 224 (meaning of “specified offence” etc ), in...
17.After section 224 (and before section 224A) insert— “ Life...
20.(1) Section 231 (appeals where convictions set aside) is amended...
21.After section 232 insert— Certificates of conviction Where— (a) on any date after the commencement of Schedule...
22.In section 305(4) (interpretation of Part 12), after paragraph (ba)...
2.(1) Section 237 (meaning of “fixed-term prisoner” etc) is amended...
3.In section 238 (power of court to recommend licence conditions),...
5.(1) Section 246 (power to release prisoners on licence) is...
6.(1) Section 250 (licence conditions) is amended as follows.
7.In section 255A (further release after recall), in subsection (7)(a)...
8.In section 258 (early release of fine defaulters and contemnors),...
9.(1) Section 260 (early removal of prisoners liable to removal...
10.(1) Section 261 (re-entry to UK of offender removed early)...
11.In section 263 (concurrent terms), in subsection (4), before “227”...
12.(1) Section 264 (consecutive terms) is amended as follows.
13.In section 265 (restriction on consecutive sentences for released prisoners),...
Part 1 Consequential provision
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
7.The Powers of Criminal Courts (Sentencing) Act 2000 is amended...
8.In section 3A (committal for sentence of dangerous adult offenders),...
9.In section 3C (committal for sentence of dangerous young offenders),...
10.In section 76 (meaning of “custodial sentence”), in subsection (1)(bc),...
11.(1) Section 82A (determination of tariffs of life prisoners) is...
12.(1) Section 99 (conversion of sentence of detention to sentence...
13.In section 100 (offenders under 18: detention and training orders),...
14.(1) Section 106A (interaction of detention and training orders with...
15.(1) Section 147A (extension of driving disqualification where custodial sentence...
Criminal Justice Act 2003 (c. 44)
21.In section 153 (length of discretionary custodial sentences: general provision),...
22.(1) Section 156 (pre-sentence reports and other requirements) is amended...
23.In the heading of section 225 (life sentence or imprisonment...
25.In section 231 (appeals where convictions set aside), in subsection...
26.Omit section 232 (certificates of convictions for the purposes of...
27.In section 235 (detention under sections 226 and 228) after...
29.In section 327 (arrangements for assessing etc risks posed by...
30.In section 330 (orders and rules), in subsection (5)(a), omit—...
31.Omit Schedule 15A (offences specified for the purposes of sections...
Dangerous offenders subject to service law etc
Part 1 Sentences for dangerous offenders subject to service law etc
2.After section 218 and the italic heading “Required or discretionary...
3.(1) Section 219 (dangerous offenders aged 18 or over) is...
4.In the heading of that section for “Dangerous” substitute “...
5.After that section insert— Extended sentence for certain violent or...
6.Omit section 220 (certain violent or sexual offenders aged 18...
7.In section 221 (dangerous offenders aged under 18) for subsection...
8.In the heading of that section for “Dangerous” substitute “...
9.After that section insert— Extended sentence for certain violent or...
10.Omit section 222 (offenders aged under 18: certain violent or...
Part 2 Consequential provision
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
23.(1) Section 188 (consecutive custodial sentences) is amended as follows....
24.In section 209 (offenders aged under 18 convicted of certain...
25.In section 211 (offenders aged under 18: detention and training...
26.In section 221(3) (dangerous offenders aged under 18), after “as...
27.In section 223 (the “required opinion” for the purposes of...
29.For section 224 (place of detention under certain sentences) substitute—...
30.(1) Section 228 (appeals where previous convictions set aside) is...
32.In section 246 (crediting of time in service custody: terms...
33.(1) Section 256 (pre-sentence reports) is amended as follows.
34.(1) Section 260 (discretionary custodial sentences: general restrictions) is amended...
35.(1) Section 261 (length of discretionary custodial sentences: general provision)...
36.In section 273 (review of unduly lenient sentence by Court...
37.In section 374 (definitions applying for purposes of the whole...
Penalty notices for disorderly behaviour
Criminal Justice and Police Act 2001 (c. 16)
2.In section 1 (offences leading to penalties on the spot)...
4.After section 2 (penalty notices) insert— Educational course schemes (1) A chief officer of police may establish an educational...
7.(1) Section 5 (general restriction on proceedings) is amended as...
8.In section 6 (Secretary of State's guidance) after paragraph (b)...
9.In section 8(4) (registration certificates) after “section 4(5)” insert “...
10.(1) Section 10 (enforcement of fines) is amended as follows....
11.After section 10 insert— Orders and regulations Orders and regulations...
12.(1) Section 11 (interpretation of Chapter 1) is amended as...
Youth cautions: consequential amendments
Police and Criminal Evidence Act 1984 (c. 60)
4.The Police and Criminal Evidence Act 1984 is amended as...
5.In section 34(5)(b) (requirement to release without bail unless proceedings...
6.In section 37B(9)(b) (consultation with Director of Public Prosecutions: meaning...
8.(1) Section 63 (non-intimate samples) is amended as follows.
9.In section 64ZC(6)(a) (destruction of data relating to a person...
10.In section 64ZI(3) (persons to be treated as having been...
11.(1) Schedule 2A (fingerprinting and samples: power to require attendance...
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
Rehabilitation of offenders: consequential provision
Part 1 Rehabilitation of offenders: general
Rehabilitation of Offenders Act 1974: England and Wales
1.The Rehabilitation of Offenders Act 1974 is amended as follows....
2.In section 1(4)(a) (references in Act to a conviction) for...
3.In section 2(5) (rehabilitation of persons dealt with in service...
4.Omit section 3 (special provision with respect to certain disposals...
5.In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute...
6.(1) Section 7 (limitations on rehabilitation under the Act) is...
7.Omit section 8(8) (defamation actions: application of section to Scotland)....
8.In section 8A(2)(d) (definition of “caution”) after “Wales” insert “...
9.(1) Section 9 (unauthorised disclosure of spent convictions) is amended...
10.After section 10(1) (orders) insert— (1A) Any power of the...
11.Omit Schedule 1 (service disciplinary convictions referred to in section...
Rehabilitation of Offenders Act 1974: Scotland
12.The Rehabilitation of Offenders Act 1974 is amended as follows....
13.In section 1(4)(a) (references in Act to a conviction) for...
14.In section 2(5) (rehabilitation of persons dealt with in service...
15.In section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute...
16.(1) Section 7 (limitations on rehabilitation under the Act) is...
17.(1) Section 9 (unauthorised disclosure of spent convictions) is amended...
Knives and offensive weapons: minor and consequential amendments
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
9.The Powers of Criminal Courts (Sentencing) Act 2000 is amended...
10.In section 12(1) (absolute and conditional discharge) for “section 51A(2)...
11.In section 100 (offenders under 18: detention and training orders)...
12.In section 130(2) (compensation orders against convicted persons) for “section...
13.In section 146(2) (driving disqualification for any offence) for “section...
14.(1) Section 164(3) (further interpretative provisions) is amended as follows....
Criminal Justice Act 2003 (c 44)
16.(1) Section 142(2)(c) (purposes of sentencing: offenders aged 18 or...
17.(1) Section 142A(4)(b) (purposes of sentencing: offenders under 18) is...
18.(1) Section 144 (reduction in sentences for early guilty pleas)...
19.(1) Section 150 (community sentence not available where sentence fixed...
20.In section 152(1)(b) (general restrictions on imposing discretionary custodial sentences)...
21.In section 153(2) (length of discretionary custodial sentences: general provision)...
22.(1) Section 305(4) (interpretation of Part 12) is amended as...
24.After section 227 (firearms offences) insert— Offences of threatening with...
26.In section 239 (reduction in sentences for guilty pleas) at...
27.In section 260(1)(b) (discretionary custodial sentences: general restrictions) for “227”...
28.In section 261(3) (length of discretionary custodial sentences: general provision)...
29.In section 273(6)(b) (review of unduly lenient sentence by Court...
30.(1) Paragraph 12 of Schedule 2 (“Schedule 2 offences”) is...
Causing serious injury by dangerous driving: minor and consequential amendments
Road Traffic Offenders Act 1988 (c. 53)
2.The Road Traffic Offenders Act 1988 is amended as follows....
3.In section 23(1A) (alternative verdicts in Scotland) after paragraph (a)...
4.(1) Section 24 (alternative verdicts: general) is amended as follows....
5.In section 34(4) (disqualification for certain offences) after paragraph (a)(ii)...
6.In section 36(2)(b) (disqualification until test is passed) after “(causing...
7.In section 45(6) (effect of endorsement of counterparts) (until its...
8.In section 45A(4) (effect of endorsement of driving records) as...
9.In the table in Schedule 1 (application of provisions including...
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