Legal Aid, Sentencing and Punishment of Offenders Bill

185G: After Clause 127, insert the following new Clause— ““No rehabilitation for certain immigration or nationality purposes Before section 57 of the UK Borders Act 2007 (and after the italic cross-heading before that section) insert— ““56A No rehabilitation for certain immigration or nationality purposes (1) Section 4(1), (2) and (3) of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation) do not apply— (a) in relation to any proceedings in respect of a relevant immigration decision or a relevant nationality decision, or (b) otherwise for the purposes of, or in connection with, any such decision. (2) In this section— ““immigration officer”” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, ““relevant immigration decision”” means any decision, or proposed decision, of the Secretary of State or an immigration officer under or by virtue of the Immigration Acts, or rules made under section 3 of the Immigration Act 1971 (immigration rules), in relation to the entitlement of a person to enter or remain in the United Kingdom (including, in particular, the removal of a person from the United Kingdom, whether by deportation or otherwise), ““relevant nationality decision”” means any decision, or proposed decision, of the Secretary of State under or by virtue of— (a) the British Nationality Act 1981, (b) the British Nationality (Hong Kong) Act 1990, or (c) the Hong Kong (War Wives and Widows) Act 1996, in relation to the good character of a person. (3) The references in subsection (2) to the Immigration Acts and to the Acts listed in the definition of ““relevant nationality decision”” include references to any provision made under section 2(2) of the European Communities Act 1972, or of EU law, which relates to the subject matter of the Act concerned.”””” 185H: After Clause 127, insert the following new Clause— ““Transitional and consequential provision: Chapter 7A (1) Section (Establishment or alteration of rehabilitation periods) applies in relation to convictions or (as the case may be) cautions before the commencement date (as well as in relation to convictions or cautions on or after that date). (2) The Rehabilitation of Offenders Act 1974 applies in relation to convictions or cautions before the commencement date as if the amendments and repeals made by section (Establishment or alteration of rehabilitation periods) had always had effect. (3) Where by virtue of subsection (2)— (a) a person would, before the commencement date, have been treated for the purposes of the Act of 1974 as a rehabilitated person in respect of a conviction, or (b) a conviction would, before that date, have been treated for the purposes of that Act as spent, the person or conviction concerned is (subject to any order made by virtue of section 4(4) or 7(4)) to be so treated on and after that date. (4) Where by virtue of subsection (2)— (a) a person would, before the commencement date, have been treated as mentioned in paragraph 3(1) of Schedule 2 to the Act of 1974 in respect of a caution, or (b) a caution would, before that date, have been treated for the purposes of that Act as spent, the person or caution concerned is (subject to any order made by virtue of paragraph 4 or 6(1) and (4) of that Schedule to that Act) to be so treated on and after that date. (5) But— (a) no person who, immediately before the commencement date— (i) is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of a conviction, or (ii) is treated as mentioned in paragraph 3(1) of Schedule 2 to that Act in respect of a caution, and (b) no conviction or caution which, immediately before the commencement date, is treated for the purposes of that Act as spent, is to cease to be so treated merely because of section (Establishment or alteration of rehabilitation periods). (6) Section (Establishment or alteration of rehabilitation periods) does not apply in relation to alternatives to prosecution given before the commencement date. (7) Section (No rehabilitation for certain immigration or nationality purposes) applies in relation to convictions before the commencement date (as well as in relation to convictions on or after that date). (8) Section (No rehabilitation for certain immigration or nationality purposes) applies as mentioned in subsection (7) above whether or not, immediately before the commencement date— (a) the person concerned is treated as a rehabilitated person for the purposes of the Act of 1974 in respect of the conviction, or (b) the conviction is treated for the purposes of that Act as spent. (9) But section (No rehabilitation for certain immigration or nationality purposes) does not affect— (a) any proceedings begun, but not completed, before the commencement date, (b) any applications for immigration or nationality decisions made, but not finally determined, before the commencement date, or (c) the validity of any proceedings, or any relevant immigration or nationality decision (within the meaning of section 56A of the UK Borders Act 2007) which is made, before the commencement date. (10) Schedule (Rehabilitation of offenders: consequential provision) (consequential provision) has effect. (11) Any reference in this section to section (Establishment or alteration of rehabilitation periods) is to be read as including a reference to Schedule (Rehabilitation of offenders: consequential provision). (12) In this section ““the commencement date”” means such day as may be specified by order of the Secretary of State made by statutory instrument; and different days may be specified for different purposes.”” Amendments 185G and 185H agreed. Clause 128 : Offences of threatening with article with blade or point or offensive weapon in public or on school premises Amendment 186 Clause 128 : Offences of threatening with article with blade or point or offensive weapon in public or on school premises Amendment 186 Moved by