Made
1st July 2009
The Secretary of State makes the following Order in exercise of the powers conferred by section 153(7) and (8) of the Criminal Justice and Immigration Act 2008(1):
1. This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 9) Order 2009.
2. The following provisions of the Criminal Justice and Immigration Act 2008 ("the Act") come into force on 8 July 2009–
(a) section 148(1) (consequential etc. amendments), so far as it relates to the provisions specified in paragraph (b); and
(b) in Schedule 26 (minor and consequential amendments)–
(i) paragraph 59 (amendments to the Criminal Justice Act 2003(2)), so far as it relates to paragraph 61; and
(ii) paragraph 61 (variation of conditions attached to conditional cautions).
3. The following provisions of the Act come into force on 8 July 2009 so far as they relate to the amendments to the Criminal Justice Act 2003 made immediately before 8 July 2009 by section 17 of the Police and Justice Act 2006(3)–
(a) section 148(1), so far as it relates to the provisions specified in paragraph (b);
(b) in Schedule 26–
(i) paragraph 59, so far as it relates to paragraphs 60 and 62; and
(ii) paragraph 60 (amendments regarding financial penalties) and paragraph 62 (provision in codes of practice in relation to financial penalties); and
(c) the repeals in Part 4 of Schedule 28 (repeals and revocations) relating to section 23A(7) to (9) of the Criminal Justice Act 2003.
Signed by the authority of the Secretary of State
Claire M Ward
Parliamentary Under Secretary of State
Ministry of Justice
1st July 2009
(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 the Criminal Justice and Immigration Act 2008 (c. 4) set out in articles 2 and 3 on 8 July 2009. It makes amendments regarding the method of payment of financial penalties and the person to whom such payment should be made, makes provision for variation of the conditions of a conditional caution, and adds a provision that can be made in the code of practice for conditional cautions. The power to impose financial conditions was introduced by section 17 of the Police and Justice Act 2006 and was brought into force for some purposes by S.I. 2009/XXX (C. XXX) immediately before the amendments made by this Order, and so in practice to coincide with them. By virtue of that Order, that power (as amended by the amendments made by this Order) has effect only in relation to certain police areas.
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 1 (partially) | 1 April 2009 | 2009/860 |
Section 10 | 14 July 2008 | 2008/1586 |
Section 11 (partially) | 14 July 2008 | 2008/1586 |
Section 12 | 14 July 2008 | 2008/1586 |
Section 13 | 14 July 2008 | 2008/1586 |
Section 14 | 14 July 2008 | 2008/1586 |
Section 15 | 14 July 2008 | 2008/1586 |
Section 16 | 14 July 2008 | 2008/1586 |
Section 17 | 14 July 2008 | 2008/1586 |
Section 18 | 14 July 2008 | 2008/1586 |
Section 20 | 14 July 2008 | 2008/1586 |
Section 21 (partially) | 3 November 2008 | 2008/2712 |
Section 22 | 3 November 2008 | 2008/2712 |
Section 23 | 3 November 2008 | 2008/2712 |
Section 24 | 14 July 2008 | 2008/1586 |
Section 25 | 14 July 2008 | 2008/1586 |
Section 26 (partially) | 9 June 2008 | 2008/1466 |
Section 27 | 14 July 2008 | 2008/1586 |
Section 28 | 14 July 2008 | 2008/1586 |
Section 29 (partially) | 14 July 2008 | 2008/1586 |
Section 30 | 14 July 2008 | 2008/1586 |
Section 31 | 14 July 2008 | 2008/1586 |
Section 32 | 14 July 2008 | 2008/1586 |
Section 33 (partially) | 3 November 2008 | 2008/2712 |
Section 34 (partially) | 3 November 2008 | 2008/2712 |
Section 35 | 27 April 2009 | 2009/860 |
Section 36 | 27 April 2009 | 2009/860 |
Section 37 | 27 April 2009 | 2009/860 |
Section 38 | 14 July 2008 | 2008/1586 |
Section 40 | 14 July 2008 | 2008/1586 |
Section 41 | 3 November 2008 | 2008/2712 |
Section 42 | 14 July 2008 | 2008/1586 |
Section 43 | 14 July 2008 | 2008/1586 |
Section 44 | 14 July 2008 | 2008/1586 |
Section 45 | 14 July 2008 | 2008/1586 |
Section 46 (partially) | 14 July 2008 | 2008/1586 |
Section 47 | 14 July 2008 | 2008/1586 |
Section 48 (partially) | 1 February 2009 | 2009/140 |
Section 49 | 19 December 2008 | 2008/3260 |
Section 50 | 19 December 2008 | 2008/3260 |
Section 51 | 3 November 2008 | 2008/2712 |
Section 52 | 14 July 2008 | 2008/1586 |
Section 54 | 14 July 2008 | 2008/1586 |
Section 55 | 14 July 2008 | 2008/1586 |
Section 56 | 14 July 2008 | 2008/1586 |
Section 57 | 14 July 2008 | 2008/1586 |
Section 58 | 14 July 2008 | 2008/1586 |
Section 59 | 14 July 2008 | 2008/1586 |
Section 60 | 3 November 2008 | 2008/2712 |
Section 61 | 1 December 2008 | 2008/2993 |
Section 63 | 26 January 2009 | 2008/2993 |
Section 64 | 26 January 2009 | 2008/2993 |
Section 65 | 26 January 2009 | 2008/2993 |
Section 66 | 26 January 2009 | 2008/2993 |
Section 67 | 26 January 2009 | 2008/2993 |
Section 68 | 26 January 2009 | 2008/2993 |
Section 71 | 26 January 2009 | 2008/2993 |
Section 72 | 14 July 2008 | 2008/1586 |
Section 73 | 14 July 2008 | 2008/1586 |
Section 76 | 14 July 2008 | 2008/1586 |
Section 93 | 14 July 2008 | 2008/1586 |
Section 94 | 14 July 2008 | 2008/1586 |
Section 95 | 14 July 2008 | 2008/1586 |
Section 96 | 14 July 2008 | 2008/1586 |
Section 97 | 14 July 2008 | 2008/1586 |
Section 118 | 1 December 2008 | 2008/2993 |
Section 119 (partially) | 1 January 2009 | 2008/3260 |
Section 120 (partially) | 1 January 2009 | 2008/3260 |
Section 121 (partially) | 1 January 2009 | 2008/3260 |
Section 123 | 1 February 2009 | 2009/140 |
Section 124 | 1 February 2009 | 2009/140 |
Section 125 (partially) | 1 April 2009 | 2009/860 |
Section 126 (partially) | 14 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
Section 127 (partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
Section 129 | 3 November 2008 | 2008/2712 |
Section 140 | 14 July 2008 | 2008/1586 |
Section 141 | 14 July 2008 | 2008/1586 |
Section 142 | 14 July 2008 | 2008/1586 |
Section 143 (partially) | 1 April 2009 | 2009/860 |
Section 145 (partially) | 31 October 2009 | 2009/1028 |
Section 146 (partially) | 1 April 2009 | 2009/860 |
Section 148 (partially) | 9 June 2008 | 2008/1466 |
(partially) | 14 July 2008 | 2008/1586 |
(partially) | 15 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
(partially) | 19 December 2008 | 2008/3260 |
(partially) | 26 January 2009 | 2008/2993 |
(partially) | 1 February 2009 | 2009/140 |
(partially) | 1 April 2009 | 2009/840 |
(partially) | 27 April 2009 | 2009/860 |
Section 149 (partially) | 14 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
(partially) | 1 April 2009 | 2009/860 |
(partially) | 27 April 2009 | 2009/860 |
Schedule 1 (partially) | 1 April 2009 | 2009/860 |
Schedule 5 | 14 July 2008 | 2008/1586 |
Schedule 6 | 3 November 2008 | 2008/2712 |
Schedule 8 | 14 July 2008 | 2008/1586 |
Schedule 9 (partially) | 1 February 2009 | 2009/140 |
(partially) | 1 April 2009 | 2009/840 |
Schedule 10 | 19 December 2008 | 2008/3260 |
Schedule 11 | 3 November 2008 | 2008/2712 |
Schedule 14 | 26 January 2009 | 2008/2993 |
Schedule 15 | 14 July 2008 | 2008/1586 |
Schedule 20 | 1 December 2008 | 2008/2993 |
Schedule 22 (partially) | 14 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
Schedule 23 (partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
Schedule 24 | 14 July 2008 | 2008/1586 |
Schedule 25 (partially) | 31 October 2009 | 2009/1028 |
Schedule 26 (partially) | 9 June 2008 | 2008/1466 |
(partially) | 14 July 2008 | 2008/1586 |
(partially) | 15 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 26 January 2009 | 2008/2993 |
(partially) | 27 April 2009 | 2009/860 |
Schedule 27 (partially) | 9 June 2008 | 2008/1466 |
(partially) | 14 July 2008 | 2008/1586 |
(partially) | 1 December 2008 | 2008/2993 |
(partially) | 19 December 2008 | 2008/3260 |
(partially) | 26 January 2009 | 2008/2993 |
(partially) | 1 February 2009 | 2009/140 |
(partially) | 1 April 2009 | 2009/860 |
Schedule 28 (partially) | 14 July 2008 | 2008/1586 |
(partially) | 3 November 2008 | 2008/2712 |
(partially) | 1 December 2008 | 2008/2993 |
(partially) | 1 April 2009 | 2009/860 |
(partially) | 27 April 2009 | 2009/860 |