2009 No. 1679 (C. 87)

Criminal Law, England And Wales

The Police and Justice Act 2006 (Commencement No. 11) Order 2009

Made

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 20061:

Citation1

This Order may be cited as the Police and Justice Act 2006 (Commencement No. 11) Order 2009.

Provisions commenced2

1

Subject to paragraphs (2) and (3), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas immediately before 8 July 2009.

2

Section 17(3) (specific types of conditions) comes into force in accordance with paragraph (1) only so far as it inserts section 22(3A)(a) of the Criminal Justice Act 20032.

3

Section 17(5) (provision regarding orders subject to affirmative resolution procedure and provision for increase of financial penalties) comes into force in accordance with paragraph (1) only so far as it inserts section 330(5)(aa) of that Act (orders subject to affirmative resolution procedure).

4

In this article, “relevant areas” means the police areas3 of:

i

Cambridgeshire;

ii

Merseyside; and

iii

Norfolk.

Signed by the authority of the Secretary of State

Claire M WardParliamentary Under Secretary of StateMinistry of Justice
EXPLANATORY NOTE

(This note is not part of the Order)

Conditional cautions are cautions to which specified conditions are attached, and are provided for in Part 3 of the Criminal Justice Act 2003 Act (c. 44). A conditional caution may be given for reasons including that a prosecutor considers there is sufficient evidence to prosecute the offender and the offender admits the offence and agrees to a conditional caution being imposed.

This Order brings into force the provisions of section 17 of the Police and Justice Act 2006 (c.4) set out in article 2 in the relevant areas specified immediately before 8 July 2009. It permits financial penalties to be attached to these cautions, and makes provisions regarding the penalties, including the maximum amount of penalties that may be prescribed in respect of any offence and the manner of payment.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision

Date of Commencement

S.I.No.

Section 1

1 April 2007

2007/709

Section 2 (in part)

15 January 2007

2006/3364

1 April 2007

2007/709

6 June 2007

2007/1614

29 June 2007

2007/1614

14 March 2008

2008/311

(in relation to England and Wales)

1 April 2008

2008/790

Section 3

29 June 2007

2007/1614

Section 4

31 March 2007

2007/709

Section 5

31 December 2007

2007/3203

Section 6

1 April 2007

2007/709

Section 7

1 April 2007

2007/709

1 December 2007

2007/3203

Section 8

1 April 2007

2007/709

Section 9 (in part)

1 April 2007

2007/709

1 December 2007

2007/3203

Section 10

1 April 2007

2007/709

Section 11

15 January 2007

2006/3364

Section 12

1 April 2007

2007/709

Section 13

29 June 2007

2007/1614

Section 13 (in relation to Northern Ireland)

30 July 2007

2007/2052

Sections 15 and 16

1 April 2007

2007/709

Section 18

29 June 2007

2007/1614

Section 19 (in relation to England only)

30 April 2009

2009/936

Section 20 (in relation to England only)

30 April 2009

2009/936

Section 21 (in relation to England only)

30 April 2009

2009/936

Section 22 (in relation to Wales only)

19 November 2007

2007/3073

19 November 2007

2007/3251

(in relation to England only)

1 August 2007

2007/1614

Sections 23 to 25 (in relation to England and Northern Ireland)

29 June 2007

2007/1614

Section 26 (in relation to England and Northern Ireland)

6 April 2007

2007/709

Section 27 (in relation to England and Northern Ireland)

6 April 2007

2007/709

Sections 28 to 33

1 April 2007

2007/709

Sections 35 to 38

1 October 2008

2008/2503

Section 39 (in relation to England and Wales)

1 April 2008

2008/790

Section 40 (in relation to Northern Ireland)

1 April 2008

2008/790

Section 41 (in relation to England and Wales)

29 June 2007

2007/1614

(in relation to Northern Ireland)

10 October 2007

2007/2754

Section 42

15 January 2007

2006/3364

Section 44

15 January 2007

2006/3364

Section 45

15 January 2007

2006/3364

1 April 2007

2007/709

24 October 2008

2008/2785

Section 46 (in relation to specified local justice areas)

1 April 2007

2007/709

24 October 2008

2008/2785

Section 47

15 January 2007

2006/3364

Section 48

15 January 2007

2006/3364

Section 52 (in part)

15 January 2007

2006/3364

1 April 2007

2007/709

29 June 2007

2007/1614

14 November 2008

2008/2785

(in relation to England only)

6 April 2007

2007/709

(in relation to England only)

1 August 2007

2007/1614

(in relation to Wales only)

19 November 2007

2007 3073

1 December 2007

2007/3203

14 March 2008

2008/311

(in relation to England and Wales and Northern Ireland)

1 April 2008

2008/790

(in relation to England and Wales and Northern Ireland)

1 October 2008

2008/2503

(in relation to Northern Ireland only)

1 October 2008

2008/2503

Schedule 1 (in part)

1 April 2007

2007/709

Schedule 2 (in part)

15 January 2007

2006/3364

1 April 2007

2007/709

29 June 2007

2007/1614

14 March 2008

2008/311

(in relation to England and Wales)

1 April 2008

2008/790

Schedule 3

31 December 2007

2007/3203

Schedule 4

1 April 2007

2007/709

Schedule 5 (in part)

1 April 2007

2007/709

1 December 2007

2007/3203

Schedules 6 and 7

1 April 2007

2007/709

Schedule 8 (in relation to England only)

30 April 2009

2009/936

Schedule 9 (in part in relation to Wales only)

19 November 2007

2007/3251

(in relation to Wales only)

19 November 2007

2007/3073

(in relation to England only)

1 August 2007

2007/1614

Schedule 10 (in relation to England only)

6 April 2007

2007/709

Schedule 11 (in relation to England and Wales)

1 April 2008

2008/790

Schedule 12 (in relation to Northern Ireland)

1 April 2008

2008/790

Schedule 13 (in part)

15 January 2007

2007/3364

Schedule 14 (in part)

15 January 2007

2007/3364

1 April 2007

2007/709

1 October 2008

2008/2503

14 November 2008

2008/2785

(in relation to England only in respect of paragraphs 12, 13, 32 and 33)

6 April 2007

2007/709

(in relation to England only save for para. 58)

29 June 2007

2007/1614

(in relation to England and Wales and Northern Ireland)

1 October 2008

2008/2503

Schedule 15 (in part)

15 January 2007

2006/3364

1 April 2007

2007/709

1 October 2008

2008/2503

(in relation to England only)

6 April 2007

2007/709

29 June 2007

2007/1614

1 December 2007

2007/3203

14 March 2008

2008/311

(in relation to Wales only)

19 November 2007

2007/3073

(in relation to England and Wales and Northern Ireland)

1 April 2008

2008/790