In the consultation document the following question is asked:
What transitional arrangements do you think would need to be included in a Bill to repeal the 2012 Act? [Possible options are set out in the consultation paper at page 23].
This is asking about what happens to those people who, at the time the Act is repealed, have cases currently going through the system or those people who the police want to charge with alleged breaches of the OB which took place before it was repealed (ie trawling CCTV of games before repeal and trying to bring charges after repeal). FAC’s view is that all charges should fall and no further charges should be allowed. If the Act was always wrong and always flawed then no more young people should suffer as a result.
We would go further to say that anyone convicted under the Act should have their convictions quashed. That is not currently being suggested and we do not know if it is possible but there is no harm in making that point at the consultation stage.
Please make sure you give a full answer to this question. Consult page 23 of the Consultation Document which you will find at the Scrap the Act site if you are unsure or contact FAC.