# The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009 S.I. 2009/83 · made 22 January 2009 This Order specifies the amounts that may be levied under sections 2 and 3 of the Criminal Justice and Police Act 2001 in respect of penalty offences to which Chapter 1 of Part 1 of that Act applies. There are two levels of penalty and different amounts 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 same penalties for existing penalty offences and inserts a penalty of £80 for the penalty offence of possession of cannabis etc. It also revokes the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 (S.I. 2008/3297) which was made in anticipation of the addition of further penalty offences which have not yet been added. Made under: Criminal Justice and Police Act 2001 (Section 3) PDFs: Printed copy https://openlegislation.uk/penalties-for-disorderly-behaviour-amount-of-penalty-amendment-order-2009/pdf/uksi_20090083_en.pdf; Explanatory Memorandum https://openlegislation.uk/penalties-for-disorderly-behaviour-amount-of-penalty-amendment-order-2009/pdf/uksiem_20090083_en.pdf ## Introductory text Criminal Law, England And Wales Police, England And Wales Made 22nd January 2009 Laid before Parliament 23rd January 2009 Coming into force 24th 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 2001: ## 1 Citation and commencement This Order may be cited as The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009 and shall come into force on 24 January 2009. ## 2 Amount of penalty For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002, substitute the Schedule to this Order. ## 3 Revocations The following Orders are revoked— (a) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005; (b) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008. ## Signature Signed by authority of the Secretary of State Maria Eagle Parliamentary Under Secretary of State Ministry of Justice 22nd January 2009 ## 1 Offences attracting penalty of £80 for persons aged 16 or over, and £40 for persons under 16 Offence creating provision Description of offence Section 80 of the Explosives Act 1875 Throwing fireworks in a thoroughfare Section 5(2) of the Criminal Law Act 1967 Wasting police time or giving false report Section 91 of the Criminal Justice Act 1967 Disorderly behaviour while drunk in a public place Section 1 of the Theft Act 1968 Theft Section 1(1) of the Criminal Damage Act 1971 Destroying or damaging property Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following- (a) cannabinol, (b) cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act), (c) cannabis or cannabis resin (within the meaning of that Act), (d) any stereoisomeric form of a substance specified in any of paragraphs (a) to (c), (e) any ester or ether of a substance specified in paragraph (a) or (b), (f) any salt of a substance specified in paragraphs (a) to (e), (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 5 of the Public Order Act 1986 Behaviour likely to cause harassment, alarm or distress Section 141 of the Licensing Act 2003 Sale of alcohol to a person who is drunk Section 146(1) and (3) of the Licensing Act 2003 Sale of alcohol to persons under 18 Section 149(3) and (4) of the Licensing Act 2003 Purchase of alcohol on behalf of persons under 18 Section 151 of the Licensing Act 2003 Delivery of alcohol to persons under 18 or allowing such delivery Section 127(2) of the Communications Act 2003 Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety Section 11 of the Fireworks Act 2003 Contravention 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 2004 Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority ## 2 Offences attracting penalty of £50 for persons aged 16 and over, or £30 for persons under 16 Offence creating provision Description of offence Section 12 of the Licensing Act 1872 Being drunk in a highway, other public place or licensed premises Section 55 of the British Transport Commission Act 1949 Trespassing on a railway Section 56 of the British Transport Commission Act 1949 Throwing stones etc. at trains or other things on railways Section 87 of the Environmental Protection Act 1990 Depositing and leaving litter Section 12 of the Criminal Justice and Police Act 2001 Consumption of alcohol in designated public place Section 149(1) of the Licensing Act 2003 Purchase of alcohol by persons under 18 on relevant premises Section 150 of the Licensing Act 2003 Consumption of alcohol by a person under 18 on relevant premises or allowing such consumption ## Explanatory note (This note is not part of the Order) This Order specifies the amounts that may be levied under sections 2 and 3 of the Criminal Justice and Police Act 2001 in respect of penalty offences to which Chapter 1 of Part 1 of that Act applies. There are two levels of penalty and different amounts 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 same penalties for existing penalty offences and inserts a penalty of £80 for the penalty offence of possession of cannabis etc. It also revokes the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 (S.I. 2008/3297) which was made in anticipation of the addition of further penalty offences which have not yet been added. --- Source: https://www.legislation.gov.uk/uksi/2009/83 (the official version) Page: https://openlegislation.uk/penalties-for-disorderly-behaviour-amount-of-penalty-amendment-order-2009 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.