Explanatory note

Section 23A of the Criminal Justice Act 2003 (c. 44) provides that a conditional caution may be given to an offender aged 18 or over. An authorised person or a relevant prosecutor may decide that a conditional caution should be given if the five requirements set out in section 23 of that Act are met.

Article 2 of this Order prescribes the descriptions of offences in respect of which (where a conditional caution is given), a condition may be attached which requires the offender to pay a financial penalty. The Order also sets different maximum amounts of penalty that the offender may be required to pay, depending on the description of offence.

Article 3 of this Order revokes the Criminal Justice Act 2003 (Conditional Cautions: Financial Penalties) Order 2009 (S.I. 2009/2773).

An impact assessment has not been produced for this Order as no impact on business, civil society organisations or the public sector is foreseen.