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The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008

S.I. 2008/3297 · Made 29 December 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Criminal Law, England And Wales

Police, England And Wales

Made 29th December 2008

Laid before Parliament 2nd January 2009

Coming into force 26th January 2009

The Secretary of State makes this Order in exercise of the powers conferred by section 3(1) and (1A) of the Criminal Justice and Police Act 2001f1:

Annotations to the whole text

Footnotes

f1

2001 c.16. Section 3(1A) was inserted by section 87 of the Anti-social Behaviour Act 2003 (c.38).

Contents

  1. 1Citation and commencement
  2. 2Amount of penalty
  3. 3Revocations
  4. Signature
  5. Schedule
  6. 1Offences attracting penalty of £80 for persons aged 16 or over, and £40 for persons under 16
  7. 2Offences attracting penalty of £50 for persons aged 16 and over, or £30 for persons under 16
  8. Explanatory note

1Citation and commencement

This Order may be cited as The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 and shall come into force on 26 January 2009.

2Amount of penalty

For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002f1, substitute the Schedule to this Order.

3Revocations

The following Orders are revoked—

(a)

the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 2004f1;

(b)

the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005f2.

Signature

Signed by authority of the Secretary of State

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

29th December 2008

1Offences attracting penalty of £80 for persons aged 16 or over, and £40 for persons under 16

Offence creating provisionDescription of offence
Section 80 of the Explosives Act 1875f1Throwing fireworks in a thoroughfare
Section 7(1) of the Children and Young Persons Act 1933f2Sale of tobacco etc to persons under 18 years
Section 5(2) of the Criminal Law Act 1967f3Wasting police time or giving false report
Section 91 of the Criminal Justice Act 1967f4Disorderly behaviour while drunk in a public place
Section 1 of the Theft Act 1968f5Theft
Section 1(1) of the Criminal Damage Act 1971f6Destroying or damaging property
Section 2 of the Criminal Damage Act 1971Threatening to destroy or damage property

Section 5(2) of the Misuse of Drugs Act 1971f7 so far as relating to the following-

  1. (a)

    cannabinol,

  2. (b)

    cannabinol derivatives (within the meaning of Part 4 of schedule 2 to that Act

  3. (c)

    cannabis or cannabis resin (within the meaning of that Act),

  4. (d)

    any stereoisomeric form of a substance specified in any of paragraphs (a) to (c),

  5. (e)

    any ester or ether of a substance specified in paragraph (a) or (b),

  6. (f)

    any salt of a substance specified in paragraphs (a) to (e),

  7. (g)

    any preparation or other product containing a substance or product specified in any of paragraphs (a) to (f), not being a preparation falling within paragraph 6 of Part 1 of Schedule 2 to that Act.

Possession of cannabis etc
Section 3 of the Theft Act 1978f8Making off without payment
Section 5 of the Public Order Act 1986f9Behaviour likely to cause harassment, alarm or distress
Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991f10Failing to display in retail premises and on vending machines a warning notice that it is illegal to sell tobacco products to anyone under the age of 18 years
Section 167 of the Criminal Justice and Public Order Act 1994f11Touting for hire car services
Section 3 of the Private Security Industry Act 2001f12Engaging in licensable conduct without or not in accordance with a licence
Section 9 of the Private Security Industry Act 2001Contravening the conditions of a licence
Section 140 of the Licensing Act 2003f13Allowing disorderly conduct on licensed premises
Section 141 of the Licensing Act 2003Sale of alcohol to a person who is drunk
Section 142 of the Licensing Act 2003Obtaining alcohol for consumption on relevant premises for a person who is drunk
Section 143 of the Licensing Act 2003Failure of person who is drunk or disorderly to leave relevant premises on request
Section 145 of the Licensing Act 2003Allowing unaccompanied children under 16 on certain premises
Section 146(1) and (3) of the Licensing Act 2003Sale of alcohol to persons under 18
Section 149(3) and (4) of the Licensing Act 2003Purchase of alcohol on behalf of persons under 18
Section 151 of the Licensing Act 2003Delivery of alcohol to persons under 18 or allowing such delivery
Section 127(2) of the Communications Act 2003f14Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
Section 11 of the Fireworks Act 2003f15Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements
Section 49 of the Fire and Rescue Services Act 2004f16Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority

2Offences attracting penalty of £50 for persons aged 16 and over, or £30 for persons under 16

Offence creating provisionDescription of offence
Section 12 of the Licensing Act 1872f1Being drunk in a highway, other public place or licensed premises
Section 2(1) of the Parks Regulation (Amendment) Act 1926f2, insofar as relating to a failure to comply with or a contravention of the Royal Parks and Other Open Spaces Regulations 1997f3Contravening a prohibition on littering, dog fouling or illegal cycling etc
Section 55 of the British Transport Commission Act 1949f4Trespassing on a railway
Section 56 of the British Transport Commission Act 1949Throwing stones etc. at trains or other things on railways
Section 87 of the Environmental Protection Act 1990f5Depositing and leaving litter
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 made under section 67 of the Transport Act 1962 and confirmed by the Secretary of State for Environment, Transport and the Regions on 19 December 2000 (“the London Regional Transport Byelaws 2000”) so far as relating to a breach of byelaw 3 of those byelawsSmoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(1) of those byelawsEntering or remaining on the railways while intoxicated
Byelaws 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(2) of those byelawsHaving intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 6 of those byelawsEngaging in unacceptable behaviour on the railway
Section 12 of the Criminal Justice and Police Act 2001f6Consumption of alcohol in designated public place
Section 149(1) of the Licensing Act 2003f7Purchase of alcohol by persons under 18 on relevant premises
Section 150 of the Licensing Act 2003Consumption of alcohol by a person under 18 on relevant premises or allowing such consumption
Byelaw 24(1) of the Framework Railway Byelaws made under section 219 of the Transport Act 2000 and confirmed by the Secretary of State for Environment, transport and the Regions on 22 June 2005 (“the Railway Byelaws 2005”) so far as relating to a breach of byelaw 3 of those byelawsSmoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 4(1) of those byelawsEntering or remaining on the railway while intoxicated
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 4(2) of those byelawsHaving intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 6 of those byelawsEngaging in unacceptable behaviour on the railway

Explanatory note

(This note is not part of the Order)

This Order specifies the amounts payable in respect of penalty offences to which Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 applies. There are two levels of penalty and different amounts of penalty are specified for persons under 16. The substituted Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 (S.I. 2002/1837) sets out afresh the current penalties for existing penalty offences and specifies the amounts for the following newly added penalty offences—

  • certain offences contrary to section 2(1) of the Parks Regulation (Amendment) Act 1926 (c.36),

    offences relating to the sale of tobacco to persons under 18 years contrary to section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 (c.23),

    threats to destroy or damage property contrary to section 2 of the Criminal Damage Act 1971 (c.48),

    possession of cannabis etc, contrary to section 5(2) of the Misuse of Drugs Act 1971 (c.38),

    making off without payment, contrary to section 3 of the Theft Act 1978 (c.31),

    touting for hire car services, contrary to section 167 of the Criminal Justice and Public Order Act 1994 (c.33),

    certain railway byelaw offences under the London Regional Transport Railways Byelaws 2000 and Framework Railway Byelaws 2005,

    certain licence related offences relating to the private security industry, contrary to sections 3 and 9 of the Private Security Industry Act 2001 (c.12),

    certain alcohol related offences contrary to sections 142, 143 and 145 of the Licensing Act 2003 (c.17).