Criminal Justice Act 2003 s.25 – Code of practice

(1)The Secretary of State must prepare a code of practice in relation to conditional cautions.

(2)The code may, in particular, include provision as to—

(a)the circumstances in which conditional cautions may be given,

(b)the procedure to be followed in connection with the giving of such cautions,

(c)the conditions which may be attached to such cautions and the time for which they may have effect,

(d)the category of constable or investigating officer by whom such cautions may be given,

(e)the persons who may be authorised by a relevant prosecutor for the purposes of section 22,

(f)the form which such cautions are to take and the manner in which they are to be given and recorded,

(g)^F34the places where such cautions may be given, . . .

[^F35 (ga)the provision which may be made [^F36 in a condition^F36] under section 23A(5)(b),^F35]

(h)the monitoring of compliance with conditions attached to such cautions.

[^F37 (i)the exercise of the power of arrest conferred by section 24A(1), and

(j)who is to decide how a person should be dealt with under section 24A(2).^F37]

(3)After preparing a draft of the code the Secretary of State—

(a)must publish the draft,

(b)must consider any representations made to him about the draft, and

(c)may amend the draft accordingly,

but he may not publish or amend the draft without the consent of the Attorney General.

(4)After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament.

(5)When he has done so he may bring the code into force by order.

(6)The Secretary of State may from time to time revise a code of practice brought into force under this section.

(7)Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code.

Definitions used in section 25 3

conditional caution: (2) In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.
Defined in s.22(2) · see it in the full Act; “conditional caution” has the meaning given by section 22(2),
Defined in s.27 · see it in the full Act
investigating officer: “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005 , or a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002 (c. 30) ,
Defined in s.27 · see it in the full Act
relevant prosecutor: “relevant prosecutor” means—

(a)
the Attorney General,

(b)
the Director of the Serious Fraud Office,

(ba)
...

(c)
the Director of Public Prosecutions,

(d)
a Secretary of State,

(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)
a person who is specified in an order made by the Secretary of State as being a relevant prosecutor for the purposes of this Part.

Defined in s.27 · see it in the full Act

Cases considering section 25 3

Robson, R (On the Application Of) v Crown Prosecution Service

[2016] EWHC 2191 (Admin) · 29 July 2016Interprets

Confirms the statutory basis for the Code of Practice concerning conditional cautions. The provision did not authorise a mandatory exclusion of domestic violence cases (see paras [18], [32]-[34]). Interprets the power to include provisions about the circumstances in which conditional cautions may be given. It did not permit the Code or guidance to remove all discretion in a category of cases (see paras [18], [32]-[34]).

Jones (Respondent) v.Whalley (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice)

[2006] UKHL 41 · 26 July 2006

The section was identified as the source of the Secretary of State’s duty to issue a code of practice governing conditional cautions. (see para [5])

Guest v Director of Public Prosecutions

[2009] EWHC 594 (Admin) · 5 March 2009

Confirms that the statutory scheme operates alongside a Code of Practice for conditional cautions. The court considered the statutory scheme together with the Secretary of State’s Code and the Director’s guidance when assessing the lawfulness of the caution. (see paras [7]-[8], [45]-[47])

What each judgment says about section 25 is in the case-law panel in the full Act.

Explanatory note

163.This section makes provision for the Home Secretary, with the consent of the Attorney General, to publish a Code of Practice setting out the criteria for giving conditional cautions, how they are to be given and who may give them, the conditions which may be imposed and for what period, and arrangements for monitoring compliance.

164.The Home Secretary is required to publish the Code in draft and to consider any representations regarding it. The completed Code must then be laid before Parliament.

All the explanatory notes for the Act

Amendments and notes

4 notes from legislation.gov.uk

Amendments

F34Word in s. 25(2) repealed (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 2; S.I. 2007/709, art. 3(o)(t)(iii); S.I. 2007/1614, art. 2(j)
F35S. 25(2)(ga) inserted (8.7.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 62; S.I. 2009/1678, art. 3(b)(ii); S.I. 2013/616, art. 2(c)(d)(ii)
F36Words in s. 25(2)(ga) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 133(6), 151(1); S.I. 2013/453, art. 4(c)
F37S. 25(2)(i)(j) inserted (1.4.2007 and expressed to be in force 29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 58; S.I. 2007/709, art. 3(o)(p); S.I. 2007/1614, art. 2(i)