Section 8A Protection afforded to spent cautionsF1

England and Wales

(1)

Schedule 2 to this Act (protection for spent cautions) shall have effect.

(2)

In this Act “ caution ” means—

(a)

a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons);

(b)

any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted;

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

anything corresponding to a caution F3 ... falling within F4 paragraph (a) or (b) (however described) which is given to a person in respect of an offence under the law of a country outside England and Wales F5 and which is not an alternative to prosecution (within the meaning of section 8AA).

Annotations

Textual amendments

F1: S. 8A inserted (E.W.) (19.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 49, 153(7), Sch. 10 para. 3 (with Sch. 27 para. 19); S.I. 2008/3260, art. 2(1)(d)
F2: S. 8A(2)(c) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 2(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F3: Words in s. 8A(2)(d) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 2(b)(i) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F4: Words in s. 8A(2)(d) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 2(b)(ii) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F5: Words in s. 8A(2)(d) inserted (E.W.) (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 para. 8 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)