The Police and Justice Act 2006 (Commencement No. 11) Order 2009

Made: 1st July 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 2006[^f00001]:

Citation

1

This Order may be cited as the Police and Justice Act 2006 (Commencement No. 11) Order 2009.

Provisions commenced

2

• (1) Subject to paragraphs (2) and (3), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas immediately before 8 July 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 2003².

• (3) Section 17(5) (provision regarding orders subject to affirmative resolution procedure and provision for increase of financial penalties) comes into force in accordance with paragraph (1) only so far as it inserts section 330(5)(aa) of that Act (orders subject to affirmative resolution procedure).

• (4) In this article, “relevant areas” means the police areas³ of:

• (i) Cambridgeshire;

• (ii) Merseyside; and

• (iii) Norfolk.

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 section 17 of the Police and Justice Act 2006 (c.4) set out in article 2 in the relevant areas specified immediately before 8 July 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.

Footnotes