Police, Crime, Sentencing and Courts Act 2022

116 Code of practice E+W

(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.

Commencement Information

I1 S. 116 in force at 24.5.2023 by S.I. 2023/573, reg. 2