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

S.I. 2015/790 · Made 19 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 July 2015.

Criminal Law, England And Wales

Made 19th March 2015

Laid before Parliament 23rd March 2015

Coming into force 13th April 2015

The Secretary of State, in exercise of the powers conferred by sections 17(3) and 18(1) of the Criminal Justice and Courts Act 2015f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2015 c. 2.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Specified offences
  4. Signature
  5. Schedule: Either-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015
  6. 1Paragraph 1
  7. 2Paragraph 2
  8. 3Paragraph 3
  9. 4Paragraph 4
  10. 5Paragraph 5
  11. 6Paragraph 6
  12. 7Paragraph 7
  13. 8Paragraph 8
  14. 9Paragraph 9
  15. 10Paragraph 10
  16. 11Paragraph 11
  17. 12Paragraph 12
  18. 13Paragraph 13
  19. 14Paragraph 14
  20. 15Paragraph 15
  21. 16Paragraph 16
  22. 17Paragraph 17
  23. 18Paragraph 18
  24. 19Paragraph 19
  25. 20Paragraph 20
  26. 21Paragraph 21
  27. 22Paragraph 22
  28. 23Paragraph 23
  29. 24Paragraph 24
  30. 25Paragraph 25
  31. 26Paragraph 26
  32. 27Paragraph 27
  33. 28Paragraph 28
  34. 29Paragraph 29
  35. 30Paragraph 30
  36. 31Paragraph 31
  37. 32Paragraph 32
  38. 33Paragraph 33
  39. 34Paragraph 34
  40. 35Paragraph 35
  41. 36Paragraph 36
  42. 37Paragraph 37
  43. 38Paragraph 38
  44. 39Paragraph 39
  45. 40Paragraph 40
  46. 41Paragraph 41
  47. 42Paragraph 42
  48. 43Paragraph 43
  49. 44Paragraph 44
  50. 45Paragraph 45
  51. 46Paragraph 46
  52. 47Paragraph 47
  53. 48Paragraph 48
  54. 49Paragraph 49
  55. 50Paragraph 50
  56. 51Paragraph 51
  57. 52Paragraph 52
  58. 53Paragraph 53
  59. 54Paragraph 54
  60. 55Paragraph 55
  61. Explanatory note

1Citation and commencementI1

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.

2InterpretationI1

In this Order, “Class A drug” has the meaning given by section 2(1)(b) of the Misuse of Drugs Act 1971f1.

3Specified offencesI1

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

Signature

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

19th March 2015

1I1

An offence under section 1(1) of the Children and Young Persons Act 1933f1.

2I1

An offence under section 1(1) of the Prevention of Crime Act 1953f1.

3I1

An offence under section 1A(1) of that Actf1.

4I1

An offence under section 14(1) of the Sexual Offences Act 1956f1, where the victim of the offence was under the age of 16 at the time of the offence.

5I1

An offence under section 15(1) of that Actf1, where the victim of the offence was under the age of 16 at the time of the offence.

6I1

An offence under section 1(1) of the Indecency with Children Act 1960f1.

7I1

An offence under section 19 of the Firearms Act 1968f1, 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.

8I1

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.

9I1

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.

10I1

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.

11I1

An offence under section 1(1) of the Protection of Children Act 1978f1.

12I1

An offence under section 50(2) of the Customs and Excise Management Act 1979f1 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.

13I1

An offence under section 50(3) of the Customs and Excise Management Act 1979f1 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.

14I1

An offence under section 68(2) of the Customs and Excise Management Act 1979f1 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.

15I1

An offence under section 170(1) of the Customs and Excise Management Act 1979f1 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.

16I1

An offence under section 170(2) of the Customs and Excise Management Act 1979f1 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.

17I1

An offence under section 139(1) of the Criminal Justice Act 1988f1.

18I1

An offence under section 139A(1) of that Actf1.

19I1

An offence under section 139A(2) of that Actf1.

20I1

An offence under section 139AA(1) of that Actf1.

21I1

An offence under section 160(1) of that Actf1.

22I1

An offence under section 3(1) of the Sexual Offences (Amendment) Act 2000f1.

23I1

An offence under section 145(1) of the Nationality, Immigration and Asylum Act 2002f1.

24I1

An offence under section 145(2) of that Actf1.

25I1

An offence under section 145(3) of that Actf1.

26I1

An offence under section 3(1) of the Sexual Offences Act 2003f1, where the victim of the offence was under the age of 16 at the time of the offence.

27I1

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.

28I1

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

29I1

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

30I1

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

31I1

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

32I1

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

33I1

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

34I1

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

35I1

An offence under section 15(1) of that Actf1.

36I1

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

37I1

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

38I1

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

39I1

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

40I1

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

41I1

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

42I1

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

43I1

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

44I1

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

45I1

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

46I1

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

47I1

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

48I1

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

49I1

An offence under section 57(1) of that Actf1.

50I1

An offence under section 58(1) of that Actf1.

51I1

An offence under section 59(1) of that Actf1.

52I1

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

53I1

An offence under section 62(1) of the Coroners and Justice Act 2009f1.

54F1

An offence under section 1 of the Modern Slavery Act 2015.

55F1

An offence under section 2 of that Act.

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.