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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Changes over time for: SCHEDULE 25

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Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, SCHEDULE 25 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Schedule 25:

  • specified provision(s) amendment to earlier commencing S.I. 2016/286, art. 4(1) by S.I. 2017/225 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 141

SCHEDULE 25E+W+SRehabilitation of offenders: consequential provision

This schedule has no associated Explanatory Notes

Part 1 E+W+SRehabilitation of offenders: general

Rehabilitation of Offenders Act 1974: England and WalesE+W

1E+WThe Rehabilitation of Offenders Act 1974 is amended as follows.

Commencement Information

I1Sch. 25 para. 1 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

2E+WIn section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I2Sch. 25 para. 2 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

3E+WIn section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I3Sch. 25 para. 3 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Prospective

4E+WOmit section 3 (special provision with respect to certain disposals by children's hearings under the Social Work (Scotland) Act 1968).

5E+WIn section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I4Sch. 25 para. 5 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

6(1)Section 7 (limitations on rehabilitation under the Act) is amended as follows.E+W

(2)In subsection (2)(a) for “Great Britain” substitute “ England and Wales ”.

(3)In subsection (3) for “Great Britain” substitute “ England and Wales ”.

Commencement Information

I5Sch. 25 para. 6 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

7E+WOmit section 8(8) (defamation actions: application of section to Scotland).

Commencement Information

I6Sch. 25 para. 7 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

8E+WIn section 8A(2)(d) (definition of “caution”) after “Wales” insert “ and which is not an alternative to prosecution (within the meaning of section 8AA) ”.

Commencement Information

I7Sch. 25 para. 8 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

9(1)Section 9 (unauthorised disclosure of spent convictions) is amended as follows.E+W

(2)In subsection (3) omit “(or, in Scotland, the accused person)”.

(3)In subsection (8) omit “, in England and Wales,”.

Commencement Information

I8Sch. 25 para. 9 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

10E+WAfter section 10(1) (orders) insert—

“(1A)Any power of the Secretary of State to make an order under any provision of this Act includes power—

(a)to make different provision for different purposes, and

(b)to make incidental, consequential, supplementary, transitional, transitory or saving provision.

(1B)The power of the Secretary of State to make an order under section 5(6) includes power to make consequential provision which amends or repeals any provision of this Act or any other enactment.”

Commencement Information

I9Sch. 25 para. 10 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

11E+WOmit Schedule 1 (service disciplinary convictions referred to in section 6(6)(bb) of that Act).

Commencement Information

I10Sch. 25 para. 11 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Rehabilitation of Offenders Act 1974: ScotlandS

12SThe Rehabilitation of Offenders Act 1974 is amended as follows.

Commencement Information

I11Sch. 25 para. 12 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

13SIn section 1(4)(a) (references in Act to a conviction) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I12Sch. 25 para. 13 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

14SIn section 2(5) (rehabilitation of persons dealt with in service disciplinary proceedings) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I13Sch. 25 para. 14 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

15SIn section 4(1)(a) (effect of rehabilitation) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I14Sch. 25 para. 15 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

16(1)Section 7 (limitations on rehabilitation under the Act) is amended as follows.S

(2)In subsection (2)(a) for “Great Britain” substitute “ Scotland ”.

(3)In subsection (3) for “Great Britain” substitute “ Scotland ”.

Commencement Information

I15Sch. 25 para. 16 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

17(1)Section 9 (unauthorised disclosure of spent convictions) is amended as follows.S

(2)In subsection (3) for “defendant (or, in Scotland, the accused person)” substitute “ accused person ”.

(3)Omit subsection (8).

Commencement Information

I16Sch. 25 para. 17 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Part 2 E+WRehabilitation of offenders: consequential repeals

Commencement Information

I17Sch. 25 Pt. 2 in force at 10.3.2014 by S.I. 2014/423, art. 2(c) (with art. 3)

Short titleExtent of repeal
Armed Forces Act 1976 (c. 52)In Schedule 9, paragraph 21.
Criminal Law Act 1977 (c. 45)In section 63(2), the words “Rehabilitation of Offenders Act 1974;”.
In Schedule 12, the entry relating to the Rehabilitation of Offenders Act 1974.
Magistrates' Courts Act 1980 (c. 43)In Schedule 7, paragraph 134.
Armed Forces Act 1981 (c. 55)In Schedule 4, paragraph 2(2).
Criminal Justice Act 1982 (c. 48)In Schedule 14, paragraph 37.
Mental Health (Amendment) Act 1982 (c. 51)In Schedule 3, paragraph 49.
Mental Health Act 1983 (c. 20)In Schedule 4, paragraph 39.
Criminal Justice Act 1988 (c. 33)In Schedule 8, paragraph 9(b).
Children Act 1989 (c. 41)In Schedule 14, paragraph 36(7).
Criminal Justice Act 1991 (c. 53)In section 68, paragraph (c) (but not the word “and” at the end of the paragraph).
In Schedule 8, paragraph 5.
In Schedule 12, paragraph 22(2).
Criminal Justice and Public Order Act 1994 (c. 33)In Schedule 9, paragraph 11.
In Schedule 10, paragraph 30.
Armed Forces Act 1996 (c. 46)Section 13(3) and (4).
Schedule 4.
Crime and Disorder Act 1998 (c. 37)In Schedule 8, paragraph 35.
Youth Justice and Criminal Evidence Act 1999 (c. 23)In Schedule 4, paragraph 6.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)In Schedule 9, paragraph 48(3) to (10).
In Schedule 11, paragraph 13.
Criminal Justice and Court Services Act 2000 (c. 43)In Schedule 7, paragraph 49.
Criminal Justice Act 2003 (c. 44)In Part 1 of Schedule 32, paragraph 18(3).
Armed Forces Act 2006 (c. 52)In Schedule 16, paragraphs 65(4) to (8) and 66.
Criminal Justice and Immigration Act 2008 (c. 4)In Part 1 of Schedule 4, paragraph 21.
In Schedule 10, paragraphs 2 and 5.
Policing and Crime Act 2009 (c. 26)Section 18(2).

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