Paragraph 2 F1

England and Wales

(1)

In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following—

(a)

the offence which was the subject of the caution or the conduct constituting that offence;

(b)

any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution);

(c)

any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end);

(d)

any judicial review proceedings relating to the caution;

(e)

in the case of a F2youth caution given under section 66ZA of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section F366ZB(2) or (3) of that Act;

(f)

in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions.

(2)

Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned.

(3)

In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4.

Annotations

Textual amendments

F1: Sch. 2 inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 49, 153(7), Sch. 10 para. 6 (with Sch. 27 para. 19); S.I. 2008/3260, art. 2(1)(d)
F2: Words in Sch. 2 para. 2(1)(e) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 3(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F3: Words in Sch. 2 para. 2(1)(e) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 3(b) (with s. 135(4)); S.I. 2013/453, art. 4(f)