PART 6Cautions

General

I1116Code of practice

1

The Secretary of State must prepare a code of practice in relation to diversionary and community cautions.

2

The code may, in particular, include provision as to—

a

the circumstances in which diversionary and community cautions may be given;

b

the procedure to be followed in connection with the giving of diversionary and community cautions;

c

the conditions which may be attached to diversionary and community cautions and the time for which they may have effect;

d

the category of constable or investigating officer by whom diversionary and community cautions may be given;

e

the persons whom a prosecution authority may authorise as authorised persons for the purposes of this Part;

f

the form which diversionary and community cautions are to take and the manner in which they are to be given and recorded;

g

the places where diversionary and community cautions may be given;

h

the provision which may be made in a condition under section 102(2)(b) or 111(2)(b);

i

the monitoring of compliance with conditions attached to diversionary and community cautions;

j

the exercise of the power of arrest conferred by section 106(1);

k

who is to decide how a person should be dealt with under section 106(2) and (3).

3

After preparing a draft of the code the Secretary of State—

a

must publish the draft,

b

must consider any representations made to the Secretary of State about the draft, and

c

may amend the draft accordingly,

but may not publish or amend the draft without the consent of the Attorney General.

4

After complying with subsection (3) the Secretary of State must lay the code before each House of Parliament.

5

After complying with subsection (4) the Secretary of State may bring the code into force by regulations.

6

The Secretary of State may from time to time revise a code of practice brought into force under this section.

7

Subsections (3) to (6) apply (with appropriate modifications) to a revised code as they apply to the original code.