PART 6

Cautions

General

Code of practice
116
1
The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.
2
The code may, in particular, include provision as to—
a
the circumstances in which diversionary and community cautions may be given;
b
the procedure to be followed in connection with the giving of diversionary and community cautions;
c
the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;
d
the category of constable or investigating officer by whom diversionary and community cautions may be given;
e
the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;
f
the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;
g
the places where diversionary and community cautions may be given;
h
the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);
i
the monitoring of compliance with conditions attached to diversionary and community cautions;
j
the exercise of the power of arrest conferred by section 106(1);
k
who is to decide how a person should be dealt with under section 106(2) and (3).
3
After preparing a draft of the code the Secretary of State—
a
must publish the draft,
b
must consider any representations made to the Secretary of State about the draft, and
c
may amend the draft accordingly,
but may not publish or amend the draft without the consent of the Attorney General.
4
After complying with subsection (3) the Secretary of State must lay the code before each House of Parliament.
5
After complying with subsection (4) the Secretary of State may bring the code into force by regulations.
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) apply (with appropriate modifications) to a revised code as they apply to the original code.
S. 116 in force at 24.5.2023 by S.I. 2023/573, reg. 2