Explanatory note

Section 17(5) of the Criminal Justice and Courts Act 2015 (c. 2) (“the 2015 Act”) provides that it is for a police officer not below a rank specified by order made by the Secretary of State to determine whether there are exceptional circumstances for the purposes of subsection (2), (3) or (4), and whether a previous offence is similar to the offence admitted for the purposes of subsection (4)(b). Section 18(1) of the 2015 Act gives the Secretary of State power to specify different ranks for each of these determinations.

This Order specifies in article 3 and the Schedule: that the police officer who determines whether there are exceptional circumstances for the purposes of section 17(2) of the 2015 Act must not be below the rank of Superintendent; that the police officer who determines whether there are exceptional circumstances for the purposes of section 17(3) of the 2015 Act must not be below the rank of Inspector; that the police officer who determines whether there are exceptional circumstances for the purposes of section 17(4) of the 2015 Act must not be below the rank of Inspector; and that the police officer who determines whether a previous offence is similar to the offence admitted for the purposes of section 17(4)(b) of the 2015 Act must not be below the rank of Inspector.

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