2015 No. 790
Criminal Law, England And Wales

The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015

Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred by sections 17(3) and 18(1) of the Criminal Justice and Courts Act 20151, makes the following Order:

Citation and commencement1.

This Order may be cited as the Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015 and comes into force on 13th April 2015.

Interpretation2.

In this Order, “Class A drug” has the meaning given by section 2(1)(b) of the Misuse of Drugs Act 19712.

Specified offences3.

The offences listed in the Schedule are specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015.

Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice

SCHEDULEEither-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015

Article 3

1.

An offence under section 1(1) of the Children and Young Persons Act 19333.

2.

An offence under section 1(1) of the Prevention of Crime Act 19534.

3.

An offence under section 1A(1) of that Act5.

4.

An offence under section 14(1) of the Sexual Offences Act 19566, where the victim of the offence was under the age of 16 at the time of the offence.

5.

An offence under section 15(1) of that Act7, where the victim of the offence was under the age of 16 at the time of the offence.

6.

An offence under section 1(1) of the Indecency with Children Act 19608.

7.

An offence under section 19 of the Firearms Act 19689, where the offence was committed in relation to a firearm within the meaning of section 57(1) of that Act and is triable either way.

8.

An offence under section 4(2) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

9.

An offence under section 4(3) of that Act, where the offence was committed in relation to a Class A drug and is triable either way.

10.

An offence under section 5(3) of that Act, where the offence was committed in relation to a Class A drug and is triable either way.

11.

An offence under section 1(1) of the Protection of Children Act 197810.

12.

An offence under section 50(2) of the Customs and Excise Management Act 197911 in connection with a prohibition having effect by virtue of section 3(1) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

13.

An offence under section 50(3) of the Customs and Excise Management Act 197912 in connection with a prohibition having effect by virtue of section 3(1) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

14.

An offence under section 68(2) of the Customs and Excise Management Act 197913 in connection with a prohibition having effect by virtue of section 3(1) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

15.

An offence under section 170(1) of the Customs and Excise Management Act 197914 in connection with a prohibition having effect by virtue of section 3(1) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

16.

An offence under section 170(2) of the Customs and Excise Management Act 197915 in connection with a prohibition having effect by virtue of section 3(1) of the Misuse of Drugs Act 1971, where the offence was committed in relation to a Class A drug and is triable either way.

17.

An offence under section 139(1) of the Criminal Justice Act 198816.

18.

An offence under section 139A(1) of that Act17.

19.

An offence under section 139A(2) of that Act18.

20.

An offence under section 139AA(1) of that Act19.

21.

An offence under section 160(1) of that Act20.

22.

An offence under section 3(1) of the Sexual Offences (Amendment) Act 200021.

23.

An offence under section 145(1) of the Nationality, Immigration and Asylum Act 200222.

24.

An offence under section 145(2) of that Act23.

25.

An offence under section 145(3) of that Act24.

26.

An offence under section 3(1) of the Sexual Offences Act 200325, where the victim of the offence was under the age of 16 at the time of the offence.

27.

An offence under section 4(1) and (5) of that Act, where the victim of the offence was under the age of 16 at the time of the offence.

28.

An offence under section 7(1) of that Act.

29.

An offence under section 8(1) and (3) of that Act.

30.

An offence under section 9(1) and (3) of that Act.

31.

An offence under section 10(1) and (3) of that Act.

32.

An offence under section 11(1) of that Act.

33.

An offence under section 12(1) of that Act.

34.

An offence under section 14(1) of that Act.

35.

An offence under section 15(1) of that Act26.

36.

An offence under section 16(1) of that Act.

37.

An offence under section 17(1) of that Act.

38.

An offence under section 18(1) of that Act.

39.

An offence under section 19(1) of that Act.

40.

An offence under section 25(1) and (4)(b) of that Act.

41.

An offence under section 25(1) and (5) of that Act.

42.

An offence under section 26(1) and (4)(b) of that Act.

43.

An offence under section 26(1) and (5) of that Act.

44.

An offence under section 47(1) and (4)(b) of that Act.

45.

An offence under section 47(1) and (5) of that Act.

46.

An offence under section 48(1) of that Act.

47.

An offence under section 49(1) of that Act.

48.

An offence under section 50(1) of that Act.

49.

An offence under section 57(1) of that Act27.

50.

An offence under section 58(1) of that Act28.

51.

An offence under section 59(1) of that Act29.

52.

An offence under section 59A(1) of that Act.

53.

An offence under section 62(1) of the Coroners and Justice Act 200930.
EXPLANATORY NOTE
(This note is not part of the Order)

Section 17(3) of the Criminal Justice and Courts Act 2015 (c. 2) (“the 2015 Act”) prohibits a constable from giving a simple caution if the offence is an either-way offence specified by order made by the Secretary of State, except in exceptional circumstances relating to the person or the offence. An either-way offence is an offence which, if committed by an adult, is triable either on indictment or summarily.

Article 3 of this Order provides for the offences listed in the Schedule to be specified for the purposes of section 17(3) of the 2015 Act.

Although some of the offences specified have been repealed they may still be cautionable where the offence was committed before the date of repeal and have been specified on that basis.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.