Part IV Dealing with offenders

Chapter I England and Wales

F1Young offenders: youth conditional cautions

Annotations:
Amendments (Textual)
F1

Ss. 66A-66H (and cross-headings before ss. 66A, 66H) inserted (1.2.2009 for the insertion of ss. 66G, 66H, 1.4.2009 for the insertion of s. 66C, 16.11.2009 for the insertion of ss. 66A, 66B, 66D-66F for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 9 para. 3 (with Sch. 27 para. 18); S.I. 2009/140, art. 2(e)(ii); S.I. 2009/860, art. 2(1)(h); S.I. 2009/2780, art. 2(1)(c)(2); S.I. 2013/616, art. 2(b)

66GCode of practice on youth conditional cautions

1

The Secretary of State must prepare a code of practice in relation to youth conditional cautions.

2

The code may, in particular, make provision as to—

a

the circumstances in which youth 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 66A,

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,

h

the provision which may be made F2 in a condition under section 66C(5)(b),

i

the monitoring of compliance with conditions attached to such cautions,

j

the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4),

k

who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5).

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.