keep Either-way offences specified for the purposes of section 17(3) of the Criminal Justice and Courts Act 2015
This Order, made under section 17(3) of the Criminal Justice and Courts Act 2015, specifies which either-way offences may be dealt with by way of a simple caution. It defines 'Class A drug' by reference to the Misuse of Drugs Act 1971 and provides that offences listed in a Schedule are specified for these purposes. The Order came into force on 13th April 2015.
Simple cautions provide a proportionate, cost-effective alternative to prosecution for minor offences, saving court time and avoiding unnecessary criminal records for trivial matters. Deleting this Order would remove the statutory specification of which either-way offences are eligible, creating legal uncertainty and potentially forcing police to pursue full prosecutions for genuinely minor matters — outcomes worse for both offenders and the justice system. The regulation achieves its purpose of defining scope without imposing significant economic burden.