The Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009

Made: 15th October 2009

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

Citation and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009.

• (2) In this Order “the 2008 Act” means the Criminal Justice and Immigration Act 2008.

Provisions coming into force in the specified areas on 16 November 2009

2

• (1) The day specified for the coming into force of the following provisions of the 2008 Act in relation to the areas specified in paragraph (2) is 16 November 2009—

• (a) section 48(1)(b) (amendments relating to reprimands and warnings);

• (b) section 148(1) and (2) (consequential etc. amendments and transitional and saving provision) in so far as it relates to the provision specified in paragraphs (d) and (e) respectively;

• (c) paragraph 2 and paragraph 3 so far as it is not already in force, of Schedule 9 (Alternatives to prosecution for offenders under 18);

• (d) paragraphs 20 and 34(3) of Schedule 26 (minor and consequential amendments); and

• (e) paragraph 18 of Schedule 27 (transitory, transitional and saving provisions).

• (2) The areas specified are the following police areas[^f00002]—

• (a) Cambridgeshire;

• (b) Hampshire;

• (c) Humberside;

• (d) Merseyside; and

• (e) Norfolk.

Provisions coming into force on 16 November 2009

3

The date appointed for the coming into force of paragraph 34(1) and (2) of Schedule 26 (minor and consequential amendments) to, and section 148(1) (consequential etc. amendments and transitional and saving provision) of the 2008 Act, in so far as it relates to that paragraph, is 16 November 2009.

Signed

Signed by the authority of the Secretary of State

Maria Eagle — Minister of State — Ministry of Justice — 15th October 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force certain provisions of the Criminal Justice and Immigration Act 2008 (c. 4) on 16 November 2009.

The provisions specified in article 2, which relate to the giving of youth conditional cautions, come into force in a limited number of police areas and only apply to those who may receive a youth conditional caution in accordance with the “Code of Practice for Youth Conditional Cautions for 16 & 17 year olds” prepared by the Secretary of State under section 66G of the Crime and Disorder Act 1998 (c. 37).

The provisions cited in article 3 come into force across all of England and Wales.

Footnotes

[^f00001]: 2008 c. 4.

[^f00002]: The term “police area” has the meaning ascribed to it in section 101(1) of the Police Act 1996 (c.16) by virtue of Schedule 1 to the Interpretation Act 1978 (c.30).