The Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2013

Statutory Instruments

2013 No. 801

Criminal Law, England And Wales

The Criminal Justice Act 2003 (Conditional Cautions: Code of Practice) Order 2013

Made

7th April 2013

Coming into force

7th April 2013

The Secretary of State makes the following Order in exercise of the power conferred by section 25(5) of the Criminal Justice Act 2003(1) (“the Act”) as applied by section 25(7) of the Act.

The Secretary of State has prepared a revised code of practice in relation to conditional cautions under section 25(6) of the Act.

In accordance with section 25(3) of the Act, the Secretary of State has (with the consent of the Attorney General) published a draft of the revised code of practice, considered representations made to him about the draft and (with the consent the Attorney General) amended the draft accordingly.

In accordance with section 25(4) of the Act, the Secretary of State has laid the revised code of practice before each House of Parliament.

In accordance with section 330(5)(a)(2) of the Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

(1)

2003 c. 44; section 25(2)(g) was amended by section 52 of, and Part 2 of Schedule 15 to, the Police and Justice Act 2006 (c. 48). Paragraph (ga) was inserted by section 148(1) of, and paragraphs 59 and 62 of Part 2 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is fully in force from 8th April 2013. It was amended by section 133(1) and (6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), which came into force on 8th April 2013 by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order (S.I. 2013/453). Paragraphs (i) and (j) were inserted by section 52 of, and paragraph 58 of Schedule 14 to, the Police and Justice Act 2006.

(2)

There have been amendments to subsection (5)(a) of section 330, but none are relevant.