UK Offence Report

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009

UK Statutory Instrument 2009 No. 2781 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
15 October 2009
In force from
16 November 2009
Extent
Not stated
Subject
Road traffic and vehicles
Made under
Crime and Disorder Act 1998, Criminal Law, England And Wales The Crime and Disorder Act 1998

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Youth Conditional Cautions are cautions for those aged between 10 to 17 years old (inclusive) to which specified conditions are attached, and are provided for in Part 4 (sections 66A to 66H) of the Crime and Disorder Act 1998 (c.37), inserted by section 48 of, and Schedule 9 to, the Criminal Justice and Immigration Act 2008 (c.4). A Youth 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. In the first instance, Youth Conditional Cautions are only being introduced for 16 and 17 year olds and in limited police areas – see the “Code of Practice for Youth Conditional Cautions for 16 & 17 year olds” prepared by the Secretary of State under section 66G of the Crime and Disorder Act 1998 and the Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order. One of the conditions which may be attached to a Youth Conditional Caution is a financial penalty. This Order prescribes the offences and description of offences in relation to which a financial penalty condition may be attached to a conditional caution given under section 66A of the Crime and Disorder Act 1998 in respect of the offence. The prescribed offences and description of offences are listed in Schedule 1 and column 1 of the Table in Schedule 2. The Order also prescribes in respect of each of the prescribed offences and description of offences the maximum amount of the penalty that may be specified in a financial penalty condition attached to a conditional caution by a relevant prosecutor. The prescribed maximum amounts are £75 in respect of the offences and descriptions of offences in Schedule 1 and the sums specified in column 2 of the Table in Schedule 2.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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