# The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015, Note: Explanatory note

Extent: E+W

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Although some of the offences specified have been repealed they may still be cautionable where the offence was committed before the date of repeal and have been specified on that basis.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

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Source: https://www.legislation.gov.uk/uksi/2015/790/note (the official version)
Page: https://openlegislation.uk/criminal-justice-and-courts-act-2015-simple-cautions-specification-of-either-way-offences-order-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.