Part 3

Conditional cautions

Code of practice
25
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, . . .
ga
the provision which may be made
in a condition
under section 23A(5)(b),
h
the monitoring of compliance with conditions attached to such cautions.
i
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.
Word in s. 25(2) repealed (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 2; S.I. 2007/709, art. 3(o)(t)(iii); S.I. 2007/1614, art. 2(j)
S. 25(2)(i)(j) inserted (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 58; S.I. 2007/709, art. 3(o)(p); S.I. 2007/1614, art. 2(i)
S. 25(2)(ga) inserted (8.7.2009 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. 26 para. 62; S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(d)(ii)
Words in s. 25(2)(ga) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(6), 151(1); S.I. 2013/453, art. 4(c)
Pt. 3 excluded (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 17(8)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 13