The Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009

Made: 1st July 2009

The Secretary of State makes the following Order in exercise of the powers conferred by section 153(7) and (8) of the Criminal Justice and Immigration Act 2008[^f00001]:

Citation

1

This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009.

Provisions commenced on 8 July 2009

2

The following provisions of the Criminal Justice and Immigration Act 2008 (“the Act”) come into force on 8 July 2009—

• (a) section 148(1) (consequential etc. amendments), so far as it relates to the provisions specified in paragraph (b); and

• (b) in Schedule 26 (minor and consequential amendments)—

• (i) paragraph 59 (amendments to the Criminal Justice Act 2003²), so far as it relates to paragraph 61; and

• (ii) paragraph 61 (variation of conditions attached to conditional cautions).

Provisions commenced on 8 July 2009 for some purposes

3

The following provisions of the Act come into force on 8 July 2009 so far as they relate to the amendments to the Criminal Justice Act 2003 made immediately before 8 July 2009 by section 17 of the Police and Justice Act 2006³—

• (a) section 148(1), so far as it relates to the provisions specified in paragraph (b);

• (b) in Schedule 26—

• (i) paragraph 59, so far as it relates to paragraphs 60 and 62; and

• (ii) paragraph 60 (amendments regarding financial penalties) and paragraph 62 (provision in codes of practice in relation to financial penalties); and

• (c) the repeals in Part 4 of Schedule 28 (repeals and revocations) relating to section 23A(7) to (9) of the Criminal Justice Act 2003.

Signed

Signed by the authority of the Secretary of State

Claire M Ward — Parliamentary Under Secretary of State — Ministry of Justice — 1st July 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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 the Criminal Justice and Immigration Act 2008 (c. 4) set out in articles 2 and 3 on 8 July 2009. It makes amendments regarding the method of payment of financial penalties and the person to whom such payment should be made, makes provision for variation of the conditions of a conditional caution, and adds a provision that can be made in the code of practice for conditional cautions. The power to impose financial conditions was introduced by section 17 of the Police and Justice Act 2006 and was brought into force for some purposes by S.I. 2009/XXX (C. XXX) immediately before the amendments made by this Order, and so in practice to coincide with them. By virtue of that Order, that power (as amended by the amendments made by this Order) has effect only in relation to certain police areas.

Footnotes