PART 6Cautions

Supplementary

I2119Consequential amendments relating to Part 6

Schedule 11 contains consequential amendments.

Annotations:
Commencement Information
I2

S. 119 not in force at Royal Assent, see s. 208(1)

I3120Regulations under Part 6

1

Regulations under this Part are to be made by the Secretary of State by statutory instrument.

2

Regulations under this Part may make—

a

different provision for different purposes;

b

consequential, supplementary, incidental, transitional and transitory provision and savings.

3

A statutory instrument containing the regulations specified in subsection (4) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

4

The regulations referred to in subsection (3) are—

a

regulations under section 98(6)(b) or (c) (excluded offences);

b

regulations under section 101(8) or 110(8);

c

the first regulations under section 102(3) or 111(3) (maximum amount of financial penalty);

d

any other regulations under section 102(3) or 111(3) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;

e

regulations under section 116(5) (commencement of code);

f

regulations under section 117 (restriction on multiple cautions).

5

A statutory instrument containing regulations under this Part to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Commencement Information
I3

S. 120 not in force at Royal Assent, see s. 208(1)

I1121Interpretation of Part 6

In this Part—

  • “the 1984 Act” means the Police and Criminal Evidence Act 1984;

  • “authorised person” has the meaning given by section 98(7);

  • “community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area where the offence in question was committed;

  • “excluded offence” has the meaning given by section 98(6);

  • “indictable-only offence” means an offence which, if committed by an adult, is triable only on indictment;

  • “investigating officer” means—

    1. a

      an officer of Revenue and Customs appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or

    2. b

      a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002;

  • “police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act);

  • “prosecution authority” means—

    1. a

      the Attorney General;

    2. b

      the Director of Public Prosecutions;

    3. c

      the Director of the Serious Fraud Office;

    4. d

      the Secretary of State;

    5. e

      a person prescribed in regulations;

  • “victim”, in relation to an offence, means the particular person who appears to have been affected, or principally affected, by the offence.