PART 6Cautions

Diversionary cautions

102Financial penalty conditions

1

A condition requiring the offender to pay a financial penalty may be attached to a diversionary caution with the object of punishing the offender.

2

The condition must specify—

a

the amount of the financial penalty,

b

the person to whom the financial penalty must be paid,

c

how it must or may be paid, and

d

the date on or before which it must be paid.

3

The amount specified under subsection (2)(a) must not exceed an amount prescribed in regulations.

4

Where the person specified under subsection (2)(b) is not the designated officer for a magistrates’ court, once the penalty is paid to that person they must give it to such an officer.

5

The date specified under subsection (2)(d) must be the last day of the period of 28 days beginning with the day on which the caution is given.