Commentary on Sections Part 6: Alternatives to Prosecution Chapter 2 - Conditional cautions Section 77: Code of practice
This section requires the Department of Justice to prepare a code of practice in relation to conditional cautions. The code may include provisions as to the circumstances, procedures and places for giving a conditional caution; what conditions can be attached to a caution and time they can have effect for; the people who can give a caution; the form the caution takes and the manner in which they are to be given and recorded; the monitoring of compliance with conditions; the use of arrest powers for non-compliance; and who makes decisions about the release of persons arrested.
The code must be published in draft and the Department of Justice may amend the code accordingly. The draft code cannot be amended or published without the consent of the Attorney General for Northern Ireland. Once the draft is agreed it must be laid before, and approved by a resolution of, the Assembly. The code can then be brought in by order. The Department may from time to time revise the code.