Section 90H Power to prevent courses being offered for repeat offences: England and WalesF1

(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”.

Annotations

Textual amendments

F1: Pt. 3B inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(1), 208(1); S.I. 2022/1075, reg. 3(f)

Notes on Part 3B

Modifications

C1: Pt. 3B: power to amend conferred (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 89(3), 208(1); S.I. 2022/1075, reg. 3(f)