Part IV Dealing with offenders
Chapter I England and Wales
F1Young offenders: youth conditional cautions
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.
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)