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Police, Crime, Sentencing and Courts Act 2022

Type Public General Act

Publication 2022-04-28

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

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(60C) (1) Subsection (2) applies where— (a) a person aged 18 or over (“P”) is residing, or intending to reside, on land without the consent of the occupier of the land, (b) P has, or intends to have, at least one vehicle with them on the land, (c) one or more of the conditions mentioned in subsection (4) is satisfied, and (d) the occupier, a representative of the occupier or a constable requests P to do either or both of the following— (i) leave the land; (ii) remove from the land property that is in P’s possession or under P’s control. (2) P commits an offence if— (a) P fails to comply with the request as soon as reasonably practicable, or (b) P— (i) enters (or having left, re-enters) the land within the prohibited period with the intention of residing there without the consent of the occupier of the land, and (ii) has, or intends to have, at least one vehicle with them on the land. (3) The prohibited period is the period of 12 months beginning with the day on which the request was made. (4) The conditions are— (a) in a case where P is residing on the land, significant damage or significant disruption has been caused or is likely to be caused as a result of P’s residence; (b) in a case where P is not yet residing on the land, it is likely that significant damage or significant disruption would be caused as a result of P’s residence if P were to reside on the land; (c) that significant damage or significant disruption has been caused or is likely to be caused as a result of conduct carried on, or likely to be carried on, by P while P is on the land; (d) that significant distress has been caused or is likely to be caused as a result of offensive conduct carried on, or likely to be carried on, by P while P is on the land. (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (6) In proceedings for an offence under this section it is a defence for the accused to show that the accused had a reasonable excuse for— (a) failing to comply as soon as reasonably practicable with the request mentioned in subsection (1)(d), or (b) after receiving such a request, entering (or re-entering) the land with the intention of residing there without the consent of the occupier of the land. (7) In its application to common land, this section has effect— (a) in a case where the common land is land to which the public has access and the occupier cannot be identified, as if references to the occupier were references to the local authority in relation to the common land; (b) in a case where P’s residence or intended residence without the consent of the occupier is, or would be, an infringement of the commoners’ rights and— (i) the occupier is aware of P’s residence or intended residence and had an opportunity to consent to it, or (ii) if sub-paragraph (i) does not apply, any one or more of the commoners took reasonable steps to try to inform the occupier of P’s residence or intended residence and provide an opportunity to consent to it, as if in subsection (1)(d) after “a constable” there were inserted “or the commoners or any of them or their representative”. (8) In this section-- - “common land” and “commoner” have the same meaning as in section 61; - “damage” includes—damage to the land;damage to any property on the land not belonging to P;damage to the environment (including excessive noise, smells, litter or deposits of waste); - “disruption” includes interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel; - “land” does not include buildings other than—agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, orscheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979; - “the local authority”, in relation to common land, has the same meaning as in section 61; - “occupier” means the person entitled to possession of the land by virtue of an estate or interest held by the person; - “offensive conduct” means—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting; - “vehicle” includes—any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle, anda caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960. (9) For the purposes of this section a person is to be considered as residing or having the intention to reside in a place even if that residence or intended residence is temporary, and a person may be regarded as residing or having an intention to reside in a place notwithstanding that the person has a home elsewhere. (60D) (1) If a constable reasonably suspects that an offence has been committed under section 60C, the constable may seize and remove any relevant property that appears to the constable— (a) to belong to the person who the constable suspects has committed the offence (“P”); (b) to be in P’s possession; or (c) to be under P’s control. (2) “Relevant property” means— (a) a vehicle (wherever located) which, for the purposes of section 60C(1)(b) (in the case of an offence under section 60C(2)(a)) or for the purposes of section 60C(2)(b)(ii) (in the case of an offence under section 60C(2)(b)), the constable suspects P had or intended to have with them, or (b) any other property that is on the relevant land. (3) The “relevant land” is the land in respect of which a request under section 60C(1)(d) is made. (4) The relevant chief officer of police may retain any property that has been seized under subsection (1) until the end of the period of three months beginning with the day of the seizure (“the relevant period”). (5) But the relevant chief officer of police ceases to be entitled to retain the property if before the end of the relevant period a custody officer gives written notice to P that P is not to be prosecuted for the offence under section 60C in relation to which the property was seized. (And see subsection (10)). (6) Subsection (7) applies where before the end of the relevant period proceedings for an offence under section 60C are commenced against P. (7) Where this subsection applies the relevant chief officer of police may retain the property seized until the conclusion of proceedings relating to the offence (including any appeal) (but see subsection (10)). (8) Where a chief officer of police ceases to be entitled to retain property under this section the chief officer must, subject to any order for forfeiture under section 60E, return it to the person whom the chief officer believes to be its owner. (9) If a chief officer of police cannot after reasonable inquiry identify a person for the purposes of subsection (8)— (a) the chief officer must apply to a magistrates’ court for directions, and (b) the court must make an order about the treatment of the property. (10) If at any time a person other than P satisfies a chief officer of police that property that is retained by the chief officer under this section— (a) belongs to the person at that time, and (b) belonged to them at the time of the suspected offence under section 60C, the chief officer must return the property to the person. (11) Subsection (10) does not apply in relation to a vehicle belonging to a person other than P if the chief officer of police reasonably believes that the vehicle was, with the consent of the other person, in P’s possession or under P’s control at the time of the suspected offence under section 60C. (12) For the purposes of subsection (6), proceedings are commenced when— (a) a written charge is issued under section 29(1) of the Criminal Justice Act 2003, (b) a person is charged under Part 4 of the Police and Criminal Evidence Act 1984, or (c) an information is laid under section 1 of the Magistrates’ Courts Act 1980. (13) For the purposes of this section— (a) the relevant chief officer of police is the chief officer of the police force for the area in which the property was seized, and (b) “vehicle” has the same meaning as in section 60C. (60E) (1) A court that convicts a person of an offence under section 60C may order any property to which subsection (2) applies to be forfeited and dealt with in a manner specified in the order. (2) This subsection applies to any property that— (a) was seized under section 60D(1), and (b) is retained by a chief officer of police under that section. (3) Before making an order for the forfeiture of property the court must— (a) permit anyone who claims to be its owner or to have an interest in it to make representations, and (b) consider its value and the likely consequences of forfeiture.

(2) In the heading to Part 5 of the Criminal Justice and Public Order Act 1994, after “Order:” insert “Unauthorised encampments and ”.

Amendments to existing powers

84

(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) Section 61 (power to remove trespassers on land) is amended in accordance with subsections (3) to (7).

(3) In subsection (1)—

(a) in paragraph (a), after “persons” insert

— (i) in the case of persons trespassing on land in England and Wales, has caused damage, disruption or distress (see subsection (10)); (ii) in the case of persons trespassing on land in Scotland,

, and

(b) at the beginning of paragraph (b) insert “in either case,”.

(4) In subsection (4)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”.

(5) After subsection (4) insert—

(4ZA) The prohibited period is— (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given; (b) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(6) In subsection (9), in the definition of “land”, in paragraph (b)—

(a) in the words before sub-paragraph (i), after “land” insert “in Scotland”, and

(b) omit sub-paragraph (i) (together with the final “or”).

(7) After subsection (9) insert—

(10) For the purposes of subsection (1)(a)(i)— - “damage” includes—damage to the land;damage to any property on the land not belonging to the persons trespassing;damage to the environment (including excessive noise, smells, litter or deposits of waste); - “disruption” includes an interference with—a person’s ability to access any services or facilities located on the land or otherwise make lawful use of the land, ora supply of water, energy or fuel; - “distress” means distress caused by—the use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, orthe display of any writing, sign, or other visible representation that is threatening, abusive or insulting.

(8) In section 62 (powers to seize property related to offence under section 61)—

(a) in subsection (1)(b) for “period of three months beginning with the day on which the direction was given” substitute “prohibited period”, and

(b) after subsection (1) insert—

(1A) The prohibited period is— (a) in the case of a person trespassing on land in England and Wales, the period of twelve months beginning with the day on which the direction was given; (a) in the case of a person trespassing on land in Scotland, the period of three months beginning with the day on which the direction was given.

(9) In section 62B(2) (failure to comply with direction under section 62A: offences) for “3” substitute “twelve”.

(10) In section 62C(2) (failure to comply with direction under section 62A: seizure) for “3” substitute “twelve”.

(11) In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—

(a) a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984; (aa) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or

(12) The amendments made by subsections (4), (5), (8), (9) and (10) do not apply in relation to a direction given under section 61 or 62A of the Criminal Justice and Public Order Act 1994 before the coming into force of this section.

Guidance on exercise of police powers in respect of trespassers on land etc

85

After section 62E of the Criminal Justice and Public Order Act 1994 insert—

(62F) (1) The Secretary of State must issue guidance relating to the exercise of— (a) the functions of police officers in England and Wales, and (b) the functions of constables in England and Wales, under the provisions mentioned in subsection (2). (2) Those provisions are— (a) sections 60C to 62E, and (b) regulations under section 67 relating to vehicles seized under section 62(1) or section 62C(3). (3) Police officers in England and Wales and constables in England and Wales must have regard to the guidance when exercising any of those functions conferred on them. (4) The Secretary of State may from time to time revise the guidance. (5) The Secretary of State must arrange for the guidance and any revised guidance issued under this section to be published in such manner as the Secretary of State considers appropriate. (6) The Secretary of State must lay before Parliament a copy of any guidance or revised guidance published under subsection (5).

PART 5 — Road traffic

Road traffic offences

Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties

86

(1) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.

(2) In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.

(3) In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.

(4) Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.

(5) In subsection (3), in the words after paragraph (d)—

(a) after “the offence” insert “(“the new offence”)”;

(b) for “three years” substitute “the period specified in subsection (3A)”.

(6) After subsection (3) insert—

(3A) The period is— (a) six years, where— (i) an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and (ii) the new offence also falls within that paragraph; (b) in any other case (but subject to subsection (4ZA)), three years.

(7) In subsection (4)—

(a) in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”;

(b) in paragraph (a)—

(i) omit sub-paragraph (ii) (and the “or” after it);

(ii) in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”;

(iii) omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).

(8) After subsection (4) insert—

(4ZA) Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of— (a) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or (b) an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs), but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).

(9) A provision of this section does not apply in relation to offences committed before the provision comes into force.

Causing serious injury by careless, or inconsiderate, driving

87

(1) In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—

(2C) (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence. (2) In this section “serious injury” means— (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and (b) in Scotland, severe physical injury.

(2) In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”.

(3) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2B of the Road Traffic Act 1988 insert—

RTA section 2C	Causing serious injury by careless, or inconsiderate, driving	(a) Summarily	(a) On conviction in England and Wales: 12 months or a fine or both	Obligatory	Obligatory	3-11
RTA section 2C	Causing serious injury by careless, or inconsiderate, driving	On conviction in Scotland: 12 months or the statutory maximum or both
RTA section 2C	Causing serious injury by careless, or inconsiderate, driving	(b) On indictment	(b) 2 years or a fine or both	Obligatory	Obligatory	3-11

(4) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.

Road traffic offences: minor and consequential amendments

88

Schedule 8 contains amendments relating to sections 86 and 87.

Courses offered as an alternative to prosecution

Courses offered as alternative to prosecution: fees etc

89

(1) After section 90F of the Road Traffic Offenders Act 1988 insert—

(90G) (1) A policing body may charge a fee for enrolment on an approved course offered as an alternative to prosecution in England and Wales for a specified fixed penalty offence. (2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety. (3) The Secretary of State may by regulations make further provision about— (a) how fees, or components of fees, are to be calculated; (b) the level of fees or components of fees; (c) the use of fee income. (4) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee. (5) In this section— - “approved course” means a course approved (whether before or after this section comes into force) by a body specified in regulations under subsection (6); - “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 (see section 51); - “policing body” means—a local policing body, orthe British Transport Police Authority; - “promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles; - “prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course); - “specified fixed penalty offence” means an offence specified under subsection (6). (6) The Secretary of State may by regulations— (a) specify fixed penalty offences for the purposes of this section; (b) specify a body to approve courses for the purposes of this section. (7) Nothing in this section limits any power to charge fees apart from this section. (90H) (1) The Secretary of State may by regulations prohibit a chief officer from offering an approved course to a person as an alternative to prosecution in England and Wales for a specified fixed penalty offence where— (a) there is a course fee, and (b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence. (2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar. (3) In this section “chief officer” means— (a) a chief officer of police of a police force in England and Wales, or (b) the Chief Constable of the British Transport Police Force. (4) In this section the following terms have the meaning given by section 90G (5)— - “approved course”; - “prosecution”; - “specified fixed penalty offence”. (90I) (1) A power to make regulations under this Part is exercisable by statutory instrument. (2) A statutory instrument containing regulations made by the Secretary of State under this Part is subject to annulment in pursuance of a resolution of either House of Parliament. (3) Regulations under this Part may include— (a) incidental or supplementary provision; (b) different provision for different purposes.

(2) After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)) insert—

(91G) (1) The Chief Constable may charge a fee for enrolment on an approved course offered as an alternative to prosecution for a specified fixed penalty offence. (2) A fee may be set at a level that exceeds the cost of an approved course and related administrative expenses, but any excess must be used for the purpose of promoting road safety. (3) The power in paragraph (1) may be exercised only with the approval in writing of the Policing Board. Such approval may be given— (a) generally or specifically, and (b) subject to conditions. (4) The Department of Justice may by regulations make further provision about— (a) how fees, or components of fees, are to be calculated; (b) the level of fees or components of fees; (c) the use of fee income. (5) The regulations may include provision as to the amount, or maximum amount, of a fee or component of a fee. (6) In this Article— - “approved course” means a course approved (whether before or after this Article comes into operation) by a body specified in regulations under paragraph (7); - “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 4 (see Article 57); - “promoting road safety” includes the prevention, detection or enforcement of offences relating to vehicles; - “prosecution”, in relation to an offence, includes any alternative way of being dealt with for the offence (other than attending an approved course); - “specified fixed penalty offence” means an offence specified under paragraph (7). (7) The Department of Justice may by regulations— (a) specify fixed penalty offences for the purposes of this Article; (b) specify a body to approve courses for the purposes of this Article. (8) Nothing in this Article limits any power to charge fees apart from this Article. (91H) (1) The Department of Justice may by regulations prohibit the Chief Constable from offering an approved course to a person as an alternative to prosecution for a specified fixed penalty offence where— (a) there is a course fee, and (b) the person has, within a period specified in the regulations, satisfactorily completed a similar approved course in respect of an earlier specified fixed penalty offence. (2) The regulations must include provision for the purpose of identifying what counts as a “similar” course; and that provision may, in particular, confer power on a person to determine what courses count as similar. (3) In this Article the following terms have the meaning given by Article 91G (6)— - “approved course”; - “prosecution”; - “specified fixed penalty offence”. (91I) (1) Regulations under this Part are subject to negative resolution. (2) Regulations under Article 91G(4) may be made only with the consent of the Department of Finance. (3) Regulations under this Part may include such incidental or supplementary provision as appears to the Department of Justice to be necessary or expedient.

(3) The Secretary of State may by regulations amend Part 3B of the Road Traffic Offenders Act 1988 for the purpose of making provision corresponding or similar to section 90G or 90H of that Act in relation to courses offered as an alternative to prosecution in Scotland for a fixed penalty offence.

(4) In subsection (3) “fixed penalty offence” means an offence that is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988 (see section 51 of that Act).

(5) The Secretary of State must consult the Lord Advocate before making regulations under subsection (3).

(6) The power to make regulations under subsection (3) is exercisable by statutory instrument.

(7) A statutory instrument containing regulations under subsection (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Removal etc of abandoned vehicles

Charges for removal, storage and disposal of vehicles

90

(1) Section 102 of the Road Traffic Regulation Act 1984 (charges for removal, storage and disposal of vehicles), as it forms part of the law of England and Wales, is amended as follows.

(2) In subsection (2), for the words before paragraph (a) substitute “In any such case (but subject in the case of a local authority to subsection (2A))—”.

(3) For subsection (2A) substitute—

(2A) In the case of a vehicle removed, on any ground mentioned in subsection (1), from an area that is a civil enforcement area for parking contraventions— (a) subsection (2) does not apply to the recovery of charges by a local authority, but (b) the enforcement authority is entitled to recover from any person responsible such charges in respect of the removal, storage and disposal of the vehicle as they may require in accordance with Schedule 9 to the Traffic Management Act 2004.

Surrender of driving licences

Production of licence to the court

91

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 7 (trial: duty of accused to provide licence to the court)—

(a) for subsection (1) substitute—

(1) Where— (a) a person who is the holder of a licence is prosecuted for an offence involving obligatory or discretionary disqualification, (b) there is a hearing, and (c) the person attends the hearing, the person must bring the licence to the hearing.

;

(b) omit subsections (1A), (1B), (1C) and (2).

(3) In section 27 (sentence: production of licence to the court)—

(a) for subsection (1) substitute—

(1) Where— (a) a person who is the holder of a licence is convicted of an offence involving obligatory or discretionary disqualification, and (b) a court proposes to make, or makes, an order disqualifying the person, the court may require the licence to be produced to it.

;

(b) in subsection (3)(b), at the beginning insert “unless the licence is already treated as being revoked under section 37(1),”.

Surrender of licence to Secretary of State where disqualified

92

(1) After section 37 of the Road Traffic Offenders Act 1988 insert—

(37A) (1) This section applies where— (a) a person who is the holder of a licence is disqualified by an order of a court, and (b) the Secretary of State is not already in receipt of the licence. (2) The Secretary of State may serve on the person a notice in writing requiring the person to surrender the licence to the Secretary of State at such address as the Secretary of State may determine, before the end of the period of 28 days beginning with the date on which the notice is served. (3) A notice under subsection (2) may be served on a person— (a) by delivering it to the person, (b) by leaving it at the person’s proper address, or (c) by sending it to the person by post. (4) A person who, without reasonable excuse, fails to comply with a notice under subsection (2) is guilty of an offence. (5) For the purposes of— (a) subsection (3), and (b) section 7 of the Interpretation Act 1978 in its application to subsection (3), a person’s “proper address” is the person’s latest address as known to the Secretary of State.

(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences), before the entry relating to section 62 of that Act, insert—

Section 37A (4) of this Act	Failure to surrender licence to Secretary of State	Summarily	Level 3 on the standard scale

Removal of requirement to surrender licence where fixed penalty notice

93

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 52 (fixed penalty notices), after subsection (2) insert—

(2A) A fixed penalty notice must give details of the identification information (as defined in section 69(3D)) that may be required under section 69 where the notice relates to an offence involving obligatory endorsement.

(3) In section 54 (notices on-the-spot etc)—

(a) in subsection (3)—

(i) omit “, and” at the end of paragraph (a);

(ii) omit paragraph (b);

(b) omit subsections (4), (5), (5A), (5B), (6), (7) and (9).

(4) In section 69 (payment of penalties)—

(a) in subsection (2), after “method” insert “and subject to subsection (2A)”;

(b) after that subsection, insert—

(2A) Where a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, payment of the penalty may be made as mentioned in subsection (2) only if the letter also contains identification information.

;

(3A) Subsection (3B) applies where— (a) a person has been given a fixed penalty notice under section 54 in respect of an offence involving obligatory endorsement, and (b) a method of payment other than that mentioned in subsection (2) is used. (3B) The penalty is treated as having been paid to the fixed penalty clerk or the Secretary of State in accordance with this Part only if the person— (a) fulfils the identification requirements, and (b) makes payment of the penalty to the clerk or the Secretary of State. (3C) A person fulfils the identification requirements if— (a) the person provides the clerk or the Secretary of State with identification information, or (b) the clerk or the Secretary of State is otherwise satisfied of the person’s identity. (3D) In this section “identification information” means— (a) the person’s name and date of birth, and (b) if the person is the holder of a licence, the licence number.

Removal of requirement to deliver up licence where conditional offer

94

(1) The Road Traffic Offenders Act 1988 is amended as follows.

(2) In section 75 (issue of conditional offer)—

(a) in subsection (7), after paragraph (b) (but before the “and” immediately after it) insert—

(ba) give details of the identification information that may be required where the conditional offer relates to an offence involving obligatory endorsement,

;

(b) in subsection (8A)(a), for sub-paragraph (ii) substitute—

(ii) where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements,

;

(8B) For the purposes of subsection (8A)(a)(ii), an alleged offender fulfils the identification requirements if— (a) the alleged offender provides the appropriate person with identification information, or (b) the appropriate person is otherwise satisfied of the alleged offender’s identity. (8C) In this section “identification information” means— (a) the alleged offender’s name and date of birth, and (b) if the alleged offender is the holder of a licence, the licence number.

(3) In section 76 (effect of offer and payment of penalty)—

(a) in subsection (2), for “makes payment of the fixed penalty in accordance with the conditional offer” substitute “has fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”;

(b) in subsection (3)(b), omit the words from “together” to “his licence”;

(c) in subsection (4), for the words from “requirements” to “fulfilled” substitute “alleged offender has not fulfilled the conditions specified in the conditional offer under section 75(8A)(a)”.

(4) In section 77A (endorsement of driving records where penalty paid)—

(a) for subsection (1)(a) substitute—

(a) a conditional offer has been issued to a person (“the alleged offender”) under section 75(1), (2) or (3),

;

(b) in subsection (1)(b), for “76” substitute “76(2)”;

(c) in subsection (1), in the words after paragraph (b), omit “together with any licence delivered under paragraph (a) above”;

(d) in subsection (2), in the words before paragraph (a), omit “and return any licence delivered to him under this section to the alleged offender”;

(e) for subsection (2)(b) substitute—

(b) in a case where— (i) a conditional offer is issued to a person (“the alleged offender”) under section 75(1A) or (3B), and (ii) proceedings against the alleged offender are excluded by section 76(2).

Surrender of licences and test certificates by new drivers

95

Schedule 9 contains amendments to the Road Traffic (New Drivers) Act 1995 which make provision about the surrender of driving licences and test certificates in the case of new drivers.

Minor and consequential amendments

96

Schedule 10 contains minor and consequential amendments.

Fixed penalty notices in Scotland

Power to issue fixed penalty notices on-the-spot in Scotland

97

(1) In section 54(1) of the Road Traffic Offenders Act 1988 (notices on-the-spot etc.), omit “in England and Wales”.

(2) In section 75(4) of that Act (issue of conditional offer: restrictions), after “notice” insert “in respect of the offence has been given under section 54 of this Act or”.

(3) Paragraph 103(2) of Schedule 4 to the Road Traffic Act 1991 (amendment to section 54 of the Road Traffic Offenders Act 1988 which is superseded by provision made by this section) is omitted.

PART 6 — Cautions

Introductory

Diversionary and community cautions

98

(1) This Part makes provision for cautions known as—

(a) diversionary cautions, and

(b) community cautions.

(2) A diversionary caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence.

(3) A community caution may, in accordance with this Part, be given by an authorised person to a person aged 18 or over in respect of an offence other than an excluded offence.

(4) Diversionary and community cautions must have one or more conditions attached to them.

(5) Breach of a condition may, in accordance with this Part, result in—

(a) prosecution for the offence, in the case of a diversionary caution, or

(b) a financial penalty, in the case of a community caution.

(6) In this Part “excluded offence” means—

(a) an indictable-only offence;

(b) an offence triable either way which is prescribed in regulations, or

(7) In this Part “authorised person”, in relation to a diversionary or community caution, means—

(a) a constable,

(b) an investigating officer, or

Diversionary cautions

Giving a diversionary caution

99

(1) An authorised person may give a diversionary caution to a person aged 18 or over (“the offender”) in respect of an offence if the following requirements are met.

(2) The requirements are that—

(a) an authorised person or a prosecution authority decides—

(i) that there is sufficient evidence to charge the offender with the offence, and

(ii) that a diversionary caution should be given to the offender in respect of the offence;

(b) the offender admits having committed the offence;

(d) an authorised person—

(i) explains the effect of the caution to the offender, and

(ii) in particular, warns the offender that failure to comply with any of the conditions attached to the caution may result in prosecution for the offence;

(e) the offender signs a document which contains—

(i) details of the offence,

(ii) the offender’s admission to having committed the offence,

(iii) the offender’s consent to being given the caution, and

(iv) the conditions attached to the caution.

(3) But if the offence is an indictable-only offence, the authorised person may not give a diversionary caution to the offender except—

(a) in exceptional circumstances relating to the person or the offence, and

(b) with the consent of the Director of Public Prosecutions.

(4) A diversionary caution may not be given in respect of an offence committed before the coming into force of this section.

(5) The power to give a diversionary caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).

Deciding on the conditions

100

(1) The conditions attached to a diversionary caution are to be decided upon by—

(a) an authorised person, or

(b) in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.

(2) The conditions which may be attached to a diversionary caution are those authorised by—

(a) section 101 (rehabilitation and reparation conditions),

(b) section 102 (financial penalty conditions), and

(3) When deciding what conditions to attach to a diversionary caution the authorised person or prosecution authority must—

(a) make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and

(b) take those views into account.

(4) The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.

(5) Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—

(a) the action is not one that can be attached as a condition to a diversionary caution, or

(b) it would be inappropriate to do so.

Rehabilitation and reparation conditions

101

(1) Conditions with one or both of the objects in subsection (2) may be attached to a diversionary caution.

(2) The objects are—

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence.

(3) The conditions which may be attached to a diversionary caution for the objects referred to in subsection (2) include—

(a) restrictive conditions,

(b) unpaid work conditions, and

(4) A restrictive condition is a condition requiring the offender—

(a) not to meet or communicate with specified individuals;

(b) not to be in, or go to, specified addresses, places or areas in the United Kingdom;

(d) not to engage in specified conduct (which may include conduct constituting a criminal offence).

(5) An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 20.

(6) An attendance condition is a condition requiring the offender to attend a specified place—

(a) for a specified purpose, and

(b) for a specified number of hours, which may not exceed 20 where the condition only has the object referred to in subsection (2)(b).

(7) Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.

(8) Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.

(9) A condition authorised by this section may—

(a) contain further details as to how it must be complied with (including the times at or between which something must or must not be done);

(b) provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.

(10) A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.

(11) In this section “specified” means specified in the caution.

Financial penalty conditions

102

(1) A condition requiring the offender to pay a financial penalty may be attached to a diversionary caution with the object of punishing the offender.

(2) The condition must specify—

(a) the amount of the financial penalty,

(b) the person to whom the financial penalty must be paid,

(d) the date on or before which it must be paid.

(3) The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.

(4) Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.

(5) The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.

Foreign offenders’ conditions

103

(1) Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection (2) may be attached to it.

(2) The objects are—

(a) bringing about the departure of the relevant foreign offender from the United Kingdom;

(b) ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.

(3) If a diversionary caution has a condition with the object referred to in subsection (2)(b), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

(4) In this section “relevant foreign offender” means—

(a) an offender directions for whose removal from the United Kingdom have been, or may be, given under Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999, or

(b) an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.

Variation of conditions

104

An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a diversionary caution by—

(a) varying or omitting any of the conditions;

(b) adding a condition.

Effect of diversionary caution

105

(1) Where a diversionary caution is given, criminal proceedings may be instituted against the offender for the offence in respect of which the caution was given if, but only if, the offender fails without reasonable excuse to comply with any of the conditions attached to the caution.

(2) The document mentioned in section 99(2)(e) is admissible in such proceedings.

(3) Where such proceedings are instituted, the diversionary caution ceases to have effect.

Arrest for failure to comply

106

(1) If a constable has reasonable grounds for believing that the offender has failed without reasonable excuse to comply with any of the conditions attached to a diversionary caution, the constable may arrest the offender without warrant.

(2) A person arrested under this section must be—

(a) charged with the offence in question, or

(b) released without charge.

(3) A person released without charge under subsection (2)(b) must be—

(a) released on bail if—

(i) the release is to enable a decision to be made as to whether the offender should be charged with the offence, and

(ii) the pre-conditions for bail are satisfied, or

(b) in any other case, released without bail (with or without any variation in the conditions attached to the caution).

(4) Subsection (2) also applies in the case of—

(a) a person who, having been released on bail under subsection (3)(a), returns to a police station to answer bail or is otherwise in police detention at a police station;

(b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 107 below, attends at a police station to answer bail or is otherwise in police detention at a police station;

(c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 107 below.

(5) Where a person is released on bail under subsection (3)(a), the custody officer must inform the person that the release is to enable a decision to be made as to whether the person should be charged with the offence in question.

(6) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—

(a) to enable the person to be dealt with in accordance with that subsection, or

(b) where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 107 below, to be exercised.

If the person is not in a fit state to be dealt with in that way, or to enable that power to be exercised, they may be kept in police detention until they are.

(7) The power under subsection (6)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution.

(8) Subsections (2) and (3) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(9) Subsection (2) does not require a person who—

(a) falls within subsection (4)(a) or (b), and

(b) is in police detention in relation to a matter other than the diversionary caution,

to be released if the person is liable to be kept in detention in relation to that other matter.

(10) In subsection (3)(a)(ii), the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.

Application of Police and Criminal Evidence Act 1984

107

(1) In the case of a person arrested under section 106, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

(2) The provisions are—

(a) section 30 (arrest elsewhere than at police station);

(b) sections 30A to 30D (bail elsewhere than at police station);

(d) section 34(1) to (5E) (limitations on police detention);

(e) section 36 (custody officers at police stations);

(f) section 37(4) to (6C) (record of grounds for detention);

(g) section 38 (duties of custody officer after charge);

(h) section 39 (responsibilities in relation to persons detained);

(i) section 55A (x-rays and ultrasound scans).

(3) The modifications are—

(a) in section 30CA, omit subsections (4A) to (4D);

(b) in section 30CA, in subsection (5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved—

(i) in the investigation of the offence in respect of which the person was given the diversionary caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;

(c) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—

(i) in the investigation of the offence in respect of which the person was given the diversionary caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the diversionary caution;

(d) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;

(e) in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the diversionary caution.

(4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 106 above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—

(a) omit subsections (8) and (8A);

(b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 106(6) above.

(5) The following provisions of the 1984 Act apply to a person released on bail under section 106(3)(a) above as they apply to a person released on bail under section 37 of that Act—

(a) section 46A (power of arrest for failure to answer to police bail);

(b) section 47 (bail after arrest), except subsections (4D) and (4E).

(6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within section 106(4) above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

(7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 106 above—

(a) in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to the person’s diversionary caution”;

(b) in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to the person’s diversionary caution”.

Community cautions

Giving a community caution

108

(1) An authorised person may give a community caution to a person aged 18 or over (“the offender”) in respect of an offence, other than an excluded offence, if the following requirements are met.

(2) The requirements are that—

(a) an authorised person or a prosecution authority decides that—

(i) there is sufficient evidence to charge the offender with the offence, and

(ii) a community caution should be given to the offender in respect of the offence;

(b) the offender admits to having committed the offence;

(d) an authorised person—

(i) explains the effect of the caution to the offender, and

(ii) in particular, warns the offender of the effect of failure to comply with any of the conditions attached to the caution;

(e) the offender signs a document which contains—

(i) details of the offence,

(ii) the offender’s admission to having committed the offence,

(iii) the offender’s consent to being given the caution, and

(iv) the conditions attached to the caution.

(3) A community caution may not be given in respect of an offence committed before the coming into force of this section.

(4) The power to give a community caution under subsection (1) is also subject to regulations under section 117 (restrictions on multiple use of cautions).

Deciding on the conditions

109

(1) The conditions attached to a community caution are to be decided upon by—

(a) an authorised person, or

(b) in a case where a prosecution authority has taken the decision that the caution should be given, the prosecution authority.

(2) The conditions which may be attached to a community caution are those authorised by—

(a) section 110 (rehabilitation and reparation conditions), and

(b) section 111 (financial penalty conditions).

(3) When deciding what conditions to attach to a community caution the authorised person or prosecution authority must—

(a) make reasonable efforts, or ensure that reasonable efforts are or have been made, to obtain the views of any victim or victims of the offence, and

(b) take those views into account.

(4) The views referred to in subsection (3) include in particular views as to whether the offender should carry out any of the actions listed in the community remedy document.

(5) Where it is the view of the victim or all the victims that the offender should carry out a particular action listed in the community remedy document, the authorised person or prosecution authority must attach that as a condition unless it seems to the authorised person or prosecution authority—

(a) the action is not one that can be attached as a condition to a community caution, or

(b) it would be inappropriate to do so.

Rehabilitation and reparation conditions

110

(1) Conditions with one or both of the objects in subsection (2) may be attached to a community caution.

(2) The objects are—

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence.

(3) The conditions which may be attached to a community caution for the objects referred to in subsection (2) include—

(a) restrictive conditions,

(b) unpaid work conditions, and

(4) A restrictive condition is a condition requiring the offender—

(a) not to meet or communicate with specified individuals;

(b) not to be in or go to specified addresses, places or areas in the United Kingdom;

(d) not to engage in specified conduct (which may include conduct constituting a criminal offence).

(5) An unpaid work condition is a condition requiring the offender to carry out unpaid work of a specified description for a specified number of hours, which may not exceed 10.

(6) An attendance condition is a condition requiring the offender to attend a specified place—

(a) for a specified purpose, and

(b) for a specified number of hours, which may not exceed 10 where the condition only has the object referred to in subsection (2)(b).

(7) Where an attendance condition requires the offender to attend somewhere for the purpose of participating in any education or training, or receiving any other service, the attendance condition may also require the offender to pay for the reasonable cost of the provision of the education, training or service to the offender.

(8) Regulations may amend subsection (5) or (6)(b) (or both) so as to substitute a different number of hours.

(9) A condition authorised by this section may—

(a) contain further details as to how it must be complied with (including the times at or between which something must or must not be done);

(b) provide for those details to be supplied, after the giving of the caution, by a specified person or a person of a specified description.

(10) A condition authorised by this section may not require a person to remain at their own or anyone else’s residence for any period of time.

(11) In this section “specified” means specified in the caution.

Financial penalty conditions

111

(1) A condition requiring the offender to pay a financial penalty may be attached to a community caution with the object of punishing the offender.

(2) The condition must specify—

(a) the amount of the financial penalty,

(b) the person to whom the financial penalty must be paid,

(d) the date on or before which the penalty must be paid, and

(e) the consequences of non-payment.

(3) The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.

(4) Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.

(5) The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.

(6) If the financial penalty is not paid on or before the date specified under subsection (2)(d), the amount of the penalty required to be paid by the condition is increased by 50%.

(7) Where subsection (6) applies, if the increased penalty is not paid within the period of 21 days beginning with the day after the date specified under subsection (2)(d), the amount of the increased penalty may be registered under section 112 for enforcement against the offender as a fine.

Enforcement of financial penalties: registration

112

(1) The chief officer of police may, in respect of any amount registrable under section 111(7), issue a certificate (“a registration certificate”)—

(a) giving particulars of the financial penalty,

(b) stating that the amount is registrable for enforcement against the offender as a fine, and

(2) The chief officer of police issuing a registration certificate must cause it to be sent to the designated officer for the local justice area in which the offender appears to the chief officer to reside.

(3) The designated officer for a local justice area in receipt of a registration certificate must—

(a) register the amount for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area, or

(b) if it appears to the designated officer that the offender does not reside in that area, cause the certificate to be sent to the person appearing to the officer to be the designated officer for the local justice area in which the offender resides.

(4) A designated officer registering an amount under this section for enforcement as a fine must give the offender notice of the registration which—

(a) specifies the amount registered, and

(b) gives the information with respect to the financial penalty, and the authority for registration, that was included in the registration certificate.

(5) If an amount is registered in a magistrates’ court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered amount were a fine imposed by that court on the conviction of the offender on the date on which the amount was registered.

Enforcement of financial penalties: court proceedings

113

(1) This section applies where, in any proceedings for the enforcement of an amount registered under this section, the person against whom the proceedings are taken claims—

(a) not to be the person to whom the community caution was given,

(b) to have paid the amount that was required to be paid, or

(2) The court may adjourn the proceedings, on one or more occasions, for the purpose of allowing the claim to be investigated, but must not adjourn for more than 28 days in total.

(3) The court must accept a claim under subsection (1)(a) or (b) unless it is shown, on the balance of probabilities, that the claim is unfounded.

(4) Where a court accepts a claim under subsection (1)(b), the condition of the caution by virtue of which the amount is required to be paid ceases to have effect.

(5) In the case of a claim under subsection (1)(c), the court must accept the claim so far as relating to the facts claimed (leaving aside any question as to the reasonableness of the excuse), unless it is shown, on the balance of probabilities, that the claim so far as relating to those facts is unfounded.

(6) Where a court accepts a claim under subsection (1)(c), the court may order that the condition of the caution by virtue of which the amount is required to be paid—

(a) ceases to have effect, or

(b) is varied so as to reduce the amount payable or to extend the time for payment (or both).

Variation of conditions

114

(1) An authorised person or prosecution authority may, with the consent of the offender, vary the conditions attached to a community caution by—

(a) varying or omitting any of the conditions;

(b) adding a condition.

(2) See also section 115(2) (addition of financial penalty).

Effect of community caution

115

(1) Where a community caution is given, criminal proceedings may not be instituted against the offender for the offence in respect of which the caution was given.

(2) If the offender fails without reasonable excuse to comply with any condition imposed under section 110, an authorised person or prosecution authority may—

(a) rescind the condition, and

(b) attach a condition imposing a financial penalty (or further such condition) under section 111.

General

Code of practice

116

(1) The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.

(2) The code may, in particular, include provision as to—

(a) the circumstances in which diversionary and community cautions may be given;

(b) the procedure to be followed in connection with the giving of diversionary and community cautions;

(c) the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;

(d) the category of constable or investigating officer by whom diversionary and community cautions may be given;

(e) the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;

(f) the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;

(g) the places where diversionary and community cautions may be given;

(h) the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);

(i) the monitoring of compliance with conditions attached to diversionary and community cautions;

(j) the exercise of the power of arrest conferred by section 106(1);

(k) who is to decide how a person should be dealt with under section 106(2) and (3).

(3) After preparing a draft of the code the Secretary of State—

(a) must publish the draft,

(b) must consider any representations made to the Secretary of State about the draft, and

but may not publish or amend the draft without the consent of the Attorney General.

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