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The Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009

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Statutory Instruments

2009 No. 1678 (C. 86)

Criminal Law, England And Wales

The Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009

Made

1st July 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 153(7) and (8) of the Criminal Justice and Immigration Act 2008(1):

Citation

1.  This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009.

Provisions commenced on 8 July 2009

2.  The following provisions of the Criminal Justice and Immigration Act 2008 (“the Act”) come into force on 8 July 2009—

(a)section 148(1) (consequential etc. amendments), so far as it relates to the provisions specified in paragraph (b); and

(b)in Schedule 26 (minor and consequential amendments)—

(i)paragraph 59 (amendments to the Criminal Justice Act 2003(2)), so far as it relates to paragraph 61; and

(ii)paragraph 61 (variation of conditions attached to conditional cautions).

Provisions commenced on 8 July 2009 for some purposes

3.  The following provisions of the Act come into force on 8 July 2009 so far as they relate to the amendments to the Criminal Justice Act 2003 made immediately before 8 July 2009 by section 17 of the Police and Justice Act 2006(3)—

(a)section 148(1), so far as it relates to the provisions specified in paragraph (b);

(b)in Schedule 26—

(i)paragraph 59, so far as it relates to paragraphs 60 and 62; and

(ii)paragraph 60 (amendments regarding financial penalties) and paragraph 62 (provision in codes of practice in relation to financial penalties); and

(c)the repeals in Part 4 of Schedule 28 (repeals and revocations) relating to section 23A(7) to (9) of the Criminal Justice Act 2003.

Signed by the authority of the Secretary of State

Claire M Ward

Parliamentary Under Secretary of State

Ministry of Justice

1st July 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Conditional cautions are cautions to which specified conditions are attached, and are provided for in Part 3 of the Criminal Justice Act 2003 Act (c. 44). A conditional caution may be given for reasons including that a prosecutor considers there is sufficient evidence to prosecute the offender and the offender admits the offence and agrees to a conditional caution being imposed.

This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c. 4) set out in articles 2 and 3 on 8 July 2009. It makes amendments regarding the method of payment of financial penalties and the person to whom such payment should be made, makes provision for variation of the conditions of a conditional caution, and adds a provision that can be made in the code of practice for conditional cautions. The power to impose financial conditions was introduced by section 17 of the Police and Justice Act 2006 and was brought into force for some purposes by S.I. 2009/XXX (C. XXX) immediately before the amendments made by this Order, and so in practice to coincide with them. By virtue of that Order, that power (as amended by the amendments made by this Order) has effect only in relation to certain police areas.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 1 (partially)1 April 20092009/860
Section 1014 July 20082008/1586
Section 11 (partially)14 July 20082008/1586
Section 1214 July 20082008/1586
Section 1314 July 20082008/1586
Section 1414 July 20082008/1586
Section 1514 July 20082008/1586
Section 1614 July 20082008/1586
Section 1714 July 20082008/1586
Section 1814 July 20082008/1586
Section 2014 July 20082008/1586
Section 21 (partially)3 November 20082008/2712
Section 223 November 20082008/2712
Section 233 November 20082008/2712
Section 2414 July 20082008/1586
Section 2514 July 20082008/1586
Section 26 (partially)9 June 20082008/1466
Section 2714 July 20082008/1586
Section 2814 July 20082008/1586
Section 29 (partially)14 July 20082008/1586
Section 3014 July 20082008/1586
Section 3114 July 20082008/1586
Section 3214 July 20082008/1586
Section 33 (partially)3 November 20082008/2712
Section 34 (partially)3 November 20082008/2712
Section 3527 April 20092009/860
Section 3627 April 20092009/860
Section 3727 April 20092009/860
Section 3814 July 20082008/1586
Section 4014 July 20082008/1586
Section 413 November 20082008/2712
Section 4214 July 20082008/1586
Section 4314 July 20082008/1586
Section 4414 July 20082008/1586
Section 4514 July 20082008/1586
Section 46 (partially)14 July 20082008/1586
Section 4714 July 20082008/1586
Section 48 (partially)1 February 20092009/140
Section 4919 December 20082008/3260
Section 5019 December 20082008/3260
Section 513 November 20082008/2712
Section 5214 July 20082008/1586
Section 5414 July 20082008/1586
Section 5514 July 20082008/1586
Section 5614 July 20082008/1586
Section 5714 July 20082008/1586
Section 5814 July 20082008/1586
Section 5914 July 20082008/1586
Section 603 November 20082008/2712
Section 611 December 20082008/2993
Section 6326 January 20092008/2993
Section 6426 January 20092008/2993
Section 6526 January 20092008/2993
Section 6626 January 20092008/2993
Section 6726 January 20092008/2993
Section 6826 January 20092008/2993
Section 7126 January 20092008/2993
Section 7214 July 20082008/1586
Section 7314 July 20082008/1586
Section 7614 July 20082008/1586
Section 9314 July 20082008/1586
Section 9414 July 20082008/1586
Section 9514 July 20082008/1586
Section 9614 July 20082008/1586
Section 9714 July 20082008/1586
Section 1181 December 20082008/2993
Section 119 (partially)1 January 20092008/3260
Section 120 (partially)1 January 20092008/3260
Section 121 (partially)1 January 20092008/3260
Section 1231 February 20092009/140
Section 1241 February 20092009/140
Section 125 (partially)1 April 20092009/860
Section 126 (partially)14 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
Section 127 (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
Section 1293 November 20082008/2712
Section 14014 July 20082008/1586
Section 14114 July 20082008/1586
Section 14214 July 20082008/1586
Section 143 (partially)1 April 20092009/860
Section 145 (partially)31 October 20092009/1028
Section 146 (partially)1 April 20092009/860
Section 148 (partially)9 June 20082008/1466
          (partially)14 July 20082008/1586
          (partially)15 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
          (partially)19 December 20082008/3260
          (partially)26 January 20092008/2993
          (partially)1 February 20092009/140
(partially)1 April 20092009/840
(partially)27 April 20092009/860
Section 149 (partially)14 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
(partially)1 April 20092009/860
(partially)27 April 20092009/860
Schedule 1 (partially)1 April 20092009/860
Schedule 514 July 20082008/1586
Schedule 63 November 20082008/2712
Schedule 814 July 20082008/1586
Schedule 9 (partially)1 February 20092009/140
(partially)1 April 20092009/840
Schedule 1019 December 20082008/3260
Schedule 113 November 20082008/2712
Schedule 1426 January 20092008/2993
Schedule 1514 July 20082008/1586
Schedule 201 December 20082008/2993
Schedule 22 (partially)14 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
Schedule 23 (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
Schedule 2414 July 20082008/1586
Schedule 25 (partially)31 October 20092009/1028
Schedule 26 (partially)9 June 20082008/1466
          (partially)14 July 20082008/1586
          (partially)15 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)26 January 20092008/2993
(partially)27 April 20092009/860
Schedule 27 (partially)9 June 20082008/1466
          (partially)14 July 20082008/1586
          (partially)1 December 20082008/2993
          (partially)19 December 20082008/3260
          (partially)26 January 20092008/2993
          (partially)1 February 20092009/140
(partially)1 April 20092009/860
Schedule 28 (partially)14 July 20082008/1586
          (partially)3 November 20082008/2712
          (partially)1 December 20082008/2993
(partially)1 April 20092009/860
(partially)27 April 20092009/860

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