The Criminal Justice and Immigration Act 2008 (Commencement No. 15) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings paragraph 3 of Schedule 9 to the Criminal Justice and Immigration Act 2008 (c. 4) (“the 2008 Act”) fully into force. Paragraph 3 inserts sections 66A to 66H into the Crime and Disorder Act 1998 (c. 37), which enable the giving of youth conditional cautions to a person aged 10 or over but under 18. Previously paragraph 3 was only partially in force, with the effect that a youth conditional caution could only be given in the police areas of Cambridgeshire, Hampshire, Humberside, Merseyside and Norfolk.

Paragraph 3 of Schedule 9 to the 2008 Act was brought into force on 1st February 2009 to the extent that it inserted sections 66G and 66H (code of practice on youth conditional cautions and interpretation respectively) into the Crime and Disorder Act 1998 (c. 37) (see article 2(e)(ii) of the Criminal Justice and Immigration Act 2008 (Commencement No. 6 and Transitional Provisions) Order 2009 (S.I. 2009/140)). It was brought into force on 1st April 2009 to the extent that it inserted section 66C (financial penalties) into that Act (see article 2(1)(h) of the Criminal Justice and Immigration Act 2008 (Commencement No. 7) Order 2009 (S.I. 2009/860)). It was brought into force on 16th November 2009 to the extent that it was not already in force, but only in relation to specified areas (see article 2(1) and (2) of the Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009 (S.I. 2009/2780)).

This Order brings paragraph 60 of Schedule 26 of the 2008 Act and the repeals in Part 4 of Schedule 28 relating to section 23A(7) to (9) of the Criminal Justice Act 2003 (c. 44) fully into force. The Order also brings into force section 148(1) of the 2008 Act, to the extent that it relates to paragraphs 59, 60 and 62 of Schedule 26 to the 2008 Act, and brings into force paragraph 59 of Schedule 26 to the 2008 Act so far as it relates to paragraphs 60 and 62 of the 2008 Act. Previously these provisions were only in force in relation to the police areas of Cambridgeshire, Merseyside and Norfolk. Together these provisions amend section 23A and section 25(2) of the Criminal Justice Act 2003 (c. 44) so as to alter the way in which a person can pay their financial penalty.