Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 116 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 6Cautions
General
I1116Code of practice
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;
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);
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.