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The Police and Justice Act 2006 (Commencement No. 12) Order 2009

S.I. 2009/2774 · Made 15 October 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, England And Wales

Made 15th October 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 49(3) and 53(1) of the Police and Justice Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c. 48.

Contents

  1. 1Citation
  2. 2Provisions commenced for some purposes
  3. 3Provisions commenced for all purposes
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Police and Justice Act 2006 (Commencement No. 12) Order 2009.

2Provisions commenced for some purposes

(1)

Subject to paragraph (2), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas on 16th November 2009.

(2)

Section 17(3) (specific types of conditions) comes into force in accordance with paragraph (1) only so far as it inserts section 22(3A)(a) of the Criminal Justice Act 2003f1.

(3)

In this article, “relevant areas” means the police areasf2 of:

(i)

Hampshire; and

(ii)

Humberside.

3Provisions commenced for all purposes

Section 17(5) of the Police and Justice Act 2006 (amendments concerning orders increasing financial penalties) comes into force on 16th November 2009 so far as it inserts section 330(5)(aa) of the Criminal Justice Act 2003 (orders subject to affirmative resolution procedure).

Signature

Signed by the authority of the Secretary of State

Claire Ward

Parliamentary Under Secretary of State

Ministry of Justice

15th October 2009

Explanatory note

(This note is not part of the Order)

Conditional cautions are cautions to which specified conditions are attached, and are provided for in Part 3 of the Criminal Justice Act 2003 Act (c. 44). A conditional caution may be given for reasons including that a prosecutor considers there is sufficient evidence to prosecute the offender and the offender admits the offence and agrees to a conditional caution being imposed.

This Order brings into force the provisions of section 17 of the Police and Justice Act 2006 (c. 48) set out in article 2 in the relevant areas specified, and set out in article 3 for all purposes, on 16 November 2009. It permits financial penalties to be attached to these cautions, and makes provisions regarding the penalties, including the maximum amount of penalties that may be prescribed in respect of any offence and the manner of payment.

SI 2009/1679 (C. 87) brought into force these same provisions in relation to certain other police areas immediately before 8 July 2009.