Part 4 Other Criminal Justice Provisions

Part 4 Other Criminal Justice Provisions

Alternatives to prosecution for offenders under 18

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The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.

Protection for spent cautions under Rehabilitation of Offenders Act 1974

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(1)     Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date.

(2)     A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8).

(3)     A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date.

(4)     If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies.

(5)     If the period of three months from the date on which

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