Criminal Law Legislation Update
| Published date | 01 October 2009 |
| DOI | 10.1350/jcla.2009.73.5.585 |
| Author | Laura McGowan |
| Date | 01 October 2009 |
| Subject Matter | Opinion |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Rehabilitation of Offenders Act 1974 (Exceptions) (Amend-
ment) (England and Wales) Order 2009 (SI 2009 No. 1818) was
made on 6 July 2009. It comes into force on 7 July 2009 except art.
7(1)(a) and (b) which comes into force on 12 October 2009. This Order
amends the Rehabilitation of Offenders Act 1974 (Exceptions) Order
1975 (SI 1975 No. 1023).
The 2009 Order confers the right to ask questions regarding spent
convictions and spent cautions for the purposes of assessing a person’s
suitability for regulated activity relating to children and vulnerable
adults within the meaning of the Safeguarding Vulnerable Groups Act
2006, working for the Criminal Records Bureau, obtaining or retaining
a licence under reg. 5 of the Misuse of Drugs Regulations 2001 (con-
trolled drugs), art. 3(2) of Regulation 2004/273/EC or art. 6(1) of
Regulation 2005/111/EC (drug precursors), and membership of the
Master Locksmiths Association.
It also confers the right to ask such questions in relation to offices,
employment or other work, etc. in the Channel Islands where there
is corresponding provision in those Islands for the rehabilitation of
offenders and the right to ask excepted questions for prescribed
purposes.
In addition, it confers the right to ask such questions for the purposes
of considering the suitability of a person to pursue the occupation of
regulated immigration adviser.
The Criminal Justice and Immigration Act 2008 (Commence-
ment No. 9) Order 2009 (SI 2009 No. 1678) amends the new condi-
tional caution scheme and comes into force on 8 July 2009. In
Cambridgeshire, Merseyside and Norfolk only, s. 17 of the Police and
Justice Act 2006 applies, which means that in those areas financial
penalties can attach to conditional cautions. A new s. 22(3A) has been
inserted into the Criminal Justice Act 2003, which is to be read subject
to s. 23A, as amended by the 2008 Act.
Section 23A makes provision in relation to a condition that the
offender pay a financial penalty, called a ‘financial penalty condition’.
Section 23A(1) specifies that a financial penalty condition may not be
attached to a conditional caution given in respect of an offence unless
* As at 17 July 2009.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
367The Journal of Criminal Law (2009) 73 JCL 367–370
doi:10.1350/jcla.2009.73.5.585
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