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The Police and Justice Act 2006 (Commencement No. 12) Order 2009

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Statutory Instruments

2009 No. 2774 (C. 120)

Criminal Law, England And Wales

The Police and Justice Act 2006 (Commencement No. 12) Order 2009

Made

15th October 2009

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 2006(1):

Citation

1.  This Order may be cited as the Police and Justice Act 2006 (Commencement No. 12) Order 2009.

Provisions commenced for some purposes

2.—(1) Subject to paragraph (2), section 17 of the Police and Justice Act 2006 (conditional cautions: types of conditions) comes into force in relation to the relevant areas on 16th November 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 2003(2).

(3) In this article, “relevant areas” means the police areas(3) of:

(i)Hampshire; and

(ii)Humberside.

Provisions commenced for all purposes

3.  Section 17(5) of the Police and Justice Act 2006 (amendments concerning orders increasing financial penalties) comes into force on 16th November 2009 so far as it inserts section 330(5)(aa) of the Criminal Justice Act 2003 (orders subject to affirmative resolution procedure).

Signed by the authority of the Secretary of State

Claire Ward

Parliamentary Under Secretary of State

Ministry of Justice

15th October 2009

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. 48) set out in article 2 in the relevant areas specified, and set out in article 3 for all purposes, on 16 November 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.

SI 2009/1679 (C. 87) brought into force these same provisions in relation to certain other police areas immediately before 8 July 2009.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
Section 11 April 20072007/709
Section 2 (in part)15 January 20072006/3364
1 April 20072007/709
6 June 20072007/1614
29 June 20072007/1614
14 March 20082008/311
(in relation to England and Wales)1 April 20082008/790
Section 329 June 20072007/1614
Section 431 March 20072007/709
Section 531 December 20072007/3203
Section 61 April 20072007/709
Section 71 April 20072007/709
1 December 20072007/3203
Section 81 April 20072007/709
Section 9 (in part)1 April 20072007/709
1 December 20072007/3203
Section 101 April 20072007/709
Section 1115 January 20072006/3364
Section 121 April 20072007/709
Section 1329 June 20072007/1614
Section 13 (in relation to Northern Ireland)30 July 20072007/2052
Sections 15 and 161 April 20072007/709
Section 17 (in part)7 July 20092009/1679
Section 1829 June 20072007/1614
Section 19 (in relation to England only)30 April 20092009/936
Section 20 (in relation to England only)30 April 20092009/936
Section 21 (in relation to England only)30 April 20092009/936
Section 22 (in relation to Wales only)19 November 20072007/3073
19 November 20072007/3251
(in relation to England only)1 August 20072007/1614
Sections 23 to 25 (in relation to England and Northern Ireland)29 June 20072007/1614
Section 26 (in relation to England and Northern Ireland)6 April 20072007/709
Section 27 (in relation to England and Northern Ireland)6 April 20072007/709
Sections 28 to 331 April 20072007/709
Sections 35 to 381 October 20082008/2503
Section 39 (in relation to England and Wales)1 April 20082008/790
Section 40 (in relation to Northern Ireland)1 April 20082008/790
Section 41 (in relation to England and Wales)29 June 20072007/1614
(in relation to Northern Ireland)10 October 20072007/2754
Section 4215 January 20072006/3364
Section 4415 January 20072006/3364
Section 4515 January 20072006/3364
1 April 20072007/709
24 October 20082008/2785
Section 46 (in relation to specified local justice areas)1 April 20072007/709
24 October 20082008/2785
Section 4715 January 20072006/3364
Section 4815 January 20072006/3364
Section 52 (in part)15 January 20072006/3364
1 April 20072007/709
29 June 20072007/1614
14 November 20082008/2785
(in relation to England only)6 April 20072007/709
(in relation to England only)1 August 20072007/1614
(in relation to Wales only)19 November 20072007 3073
1 December 20072007/3203
14 March 20082008/311
(in relation to England and Wales and Northern Ireland)1 April 20082008/790
(in relation to England and Wales and Northern Ireland)1 October 20082008/2503
(in relation to Northern Ireland only)1 October 20082008/2503
Schedule 1 (in part)1 April 20072007/709
Schedule 2 (in part)15 January 20072006/3364
1 April 20072007/709
29 June 20072007/1614
14 March 20082008/311
(in relation to England and Wales)1 April 20082008/790
Schedule 331 December 20072007/3203
Schedule 41 April 20072007/709
Schedule 5 (in part)1 April 20072007/709
1 December 20072007/3203
Schedules 6 and 71 April 20072007/709
Schedule 8 (in relation to England only)30 April 20092009/936
Schedule 9 (in part in relation to Wales only)19 November 20072007/3251
(in relation to Wales only)19 November 20072007/3073
(in relation to England only)1 August 20072007/1614
Schedule 10 (in relation to England only)6 April 20072007/709
Schedule 11 (in relation to England and Wales)1 April 20082008/790
Schedule 12 (in relation to Northern Ireland)1 April 20082008/790
Schedule 13 (in part)15 January 20072007/3364
Schedule 14 (in part)15 January 20072007/3364
1 April 20072007/709
1 October 20082008/2503
14 November 20082008/2785
(in relation to England only in respect of paragraphs 12, 13, 32 and 33)6 April 20072007/709
(in relation to England only save for para. 58)29 June 20072007/1614
(in relation to England and Wales and Northern Ireland)1 October 20082008/2503
Schedule 15 (in part)15 January 20072006/3364
1 April 20072007/709
1 October 20082008/2503
(in relation to England only)6 April 20072007/709
29 June 20072007/1614
1 December 20072007/3203
14 March 20082008/311
(in relation to Wales only)19 November 20072007/3073
(in relation to England and Wales and Northern Ireland)1 April 20082008/790
(3)

England and Wales is divided by section 1(1) of the Police Act 1996 (c. 16) into the police areas specified in subsection (2) of that section.

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