Part 3Conditional cautions
25Code of practice
1
The Secretary of State must prepare a code of practice in relation to conditional cautions.
2
The code may, in particular, include provision as to—
a
the circumstances in which conditional cautions may be given,
b
the procedure to be followed in connection with the giving of such cautions,
c
the conditions which may be attached to such cautions and the time for which they may have effect,
d
the category of constable or investigating officer by whom such cautions may be given,
e
the persons who may be authorised by a relevant prosecutor for the purposes of section 22,
f
the form which such cautions are to take and the manner in which they are to be given and recorded,
g
the places where such cautions may be given, F1. . .
F2ga
the provision which may be made by a relevant prosecutor under section 23A(5)(b),
h
the monitoring of compliance with conditions attached to such cautions.
F3i
the exercise of the power of arrest conferred by section 24A(1), and
j
who is to decide how a person should be dealt with under section 24A(2).
3
After preparing a draft of the code the Secretary of State—
a
must publish the draft,
b
must consider any representations made to him about the draft, and
c
may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney General.
4
After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.
5
When he has done so he may bring the code into force by order.
6
The Secretary of State may from time to time revise a code of practice brought into force under this section.
7
Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.