The Police and Justice Act 2006 (Commencement No. 16) Order 2013

Made: 12th March 2013

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. 16) Order 2013.

Provisions coming into force on 8th April 2013

2

• (1) Subject to paragraph (2), section 17(1) to (4) of the Police and Justice Act 2006 (conditional cautions: types of caution) comes into force on 8th April 2013 so far as it is not already in force.

• (2) Section 17(3) (types of conditions that may be attached to cautions) comes into force in accordance with paragraph (1) only so far as it inserts section 22(3A)(a) of the Criminal Justice Act 2003[^f00002] (condition that the offender pay a financial penalty).

Signed

Signed by the authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 12th March 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the provisions of section 17 of the Police and Justice Act 2006 (c. 48) set out in article 2. The effect of the Order is that a financial penalty condition may be attached to a conditional caution in relation to every police area in England and Wales. Previously the provisions of section 17 set out in article 2 were only in force in relation to the police areas of Cambridgeshire, Hampshire, Humberside, Merseyside and Norfolk. A police area is an area listed in Schedule 1 to the Police Act 1996 (c. 16), the metropolitan police district or the City of London police area.

Section 17 of the Police and Justice Act 2006 (c. 48) was brought into force immediately before 8th July 2009 in relation to the police areas of Cambridgeshire, Merseyside and Norfolk by virtue of article 2(1) of the Police and Justice Act 2006 (Commencement No. 11) Order 2009 (S.I. 2009/1679), subject to the exceptions mentioned in article 2(2) and (3) of that Order. It was brought into force on 16th November 2009 in relation to the police areas of Hampshire and Humberside by virtue of article 2 of the Police and Justice Act 2006 (Commencement No. 12) Order 2009 (S.I. 2009/2774), subject to the exceptions mentioned in article 2(2) of that Order.

Conditional cautions are cautions to which specified conditions are attached, and are provided for in Part 3 of the Criminal Justice Act 2003 (c. 44). A conditional caution may be given to a person aged 18 or over if the five requirements set out in section 23 of that Act are met.

Footnotes

[^f00001]: 2006 c. 48.

[^f00002]: 2003 c. 44; section 22(3A)(a) was inserted by section 17(3) of the Police and Justice Act 2006 (c. 48).