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Change 1
As published
228 Guidance
(1) The Secretary of State must issue guidance to chief officers of police about—
(a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application,
(b) how chief officers of police are to comply with their duties to consult under section 222, and
(c) the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 222 before making an application for a youth diversion order or the variation or discharge of such an order.
(2) The Secretary of State may—
(a) issue guidance to chief officers of police about the exercise of their other functions in respect of youth diversion orders, and
(b) revise any guidance under this section.
(3) A chief officer of police must have regard to any guidance under this section when exercising a function to which the guidance relates.
(4) Before issuing or revising any guidance, the Secretary of State must consult—
(a) the Youth Justice Board for England and Wales;
(b) the Scottish Ministers;
(c) the Youth Justice Agency in Northern Ireland;
(d) the National Police Chiefs’ Council;
(e) the chief constable of the Police Service of Scotland;
(f) the chief constable of the Police Service of Northern Ireland;
(g) the Director of Public Prosecutions;
(h) the Lord Advocate;
(i) the Director of Public Prosecutions for Northern Ireland;
(j) the person appointed under section 36 of the Terrorism Act 2006;
(k) such other persons as the Secretary of State considers appropriate.
(5) Any guidance or revisions come into force on a day specified in regulations made by the Secretary of State.
(6) Subsections (4) and (5) do not apply to revisions that the Secretary of State considers are not substantial.
(7) The Secretary of State must lay before Parliament—
(a) any guidance or revisions issued under this section, and
(b) in the case of revisions, a statement of whether the Secretary of State considers them to be substantial and, if not, of the reasons why.
(8) The Secretary of State must publish any guidance or revisions issued under this section.
Your change, as a redline
228 Guidance
(1) The Secretary of State must issue guidance to chief officers of police about—
(a) matters to be taken into account by chief officers of police before making an application for a youth diversion order, including alternatives to making an application,
(b) how chief officers of police are to comply with their duties to consult under section 222, and
(c) the circumstances in which it may be appropriate for chief officers of police to consult persons other than those mentioned in section 222 before making an application for a youth diversion order or the variation or discharge of such an order.
(2) The Secretary of State may—
(a) issue guidance to chief officers of police about the exercise of their other functions in respect of youth diversion orders, and
(b) revise any guidance under this section.
(3) A chief officer of police must have regard to any guidance under this section when exercising a function to which the guidance relates.
(4) Before issuing or revising any guidance, the Secretary of State must consult—
(a) the Youth Justice Board for England and Wales;
(b) the Scottish Ministers;
(c) the Youth Justice Agency in Northern Ireland;
(d) the National Police Chiefs’ Council;
(e) the chief constable of the Police Service of Scotland;
(f) the chief constable of the Police Service of Northern Ireland;
(g) the Director of Public Prosecutions;
(h) the Lord Advocate;
(i) the Director of Public Prosecutions for Northern Ireland;
(j) the person appointed under section 36 of the Terrorism Act 2006;
(k) such other persons as the Secretary of State considers appropriate.
(5) Any guidance or revisions come into force on a day specified in regulations made by the Secretary of State.
(6) Subsections (4) and (5) do not apply to revisions that the Secretary of State considers are not substantial.
(7) The Secretary of State must lay before Parliament—
(a) any guidance or revisions issued under this section, and
(b) in the case of revisions, a statement of whether the Secretary of State considers them to be substantial and, if not, of the reasons why.
(8) The Secretary of State must publish any guidance or revisions issued under this section.
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