Criminal Justice and Police Act 2001

Publication Date:January 01, 2001


Criminal Justice and Police Act 2001

2001 CHAPTER 16

An Act to make provision for combatting crime and disorder; to make provision about the disclosure of information relating to criminal matters and about powers of search and seizure; to amend the Police and Criminal Evidence Act 1984, the Police and Criminal Evidence (Northern Ireland) Order 1989 and the Terrorism Act 2000; to make provision about the police, the National Criminal Intelligence Service and the National Crime Squad; to make provision about the powers of the courts in relation to criminal matters; and for connected purposes.

[11th May 2001]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Provisions for Combatting Crime and Disorder

Part 1

Provisions for Combatting Crime and Disorder

Chapter 1

On the Spot Penalties for Disorderly Behaviour

Offences to which this Chapter applies

Offences to which this Chapter applies

S-1 Offences leading to penalties on the spot

1 Offences leading to penalties on the spot

(1) For the purposes of this Chapter ‘penalty offence’ means an offence committed under any of the provisions mentioned in the first column of the following Table and described, in general terms, in the second column

Offence creating provision

Description of offence

Section 12 of the Licensing Act 1872 (c.94)

Being drunk in a highway, other public place or licensed premises

Section 80 of the Explosives Act 1875 (c.17)

Throwing fireworks in a thoroughfare

Section 31 of the Fire Services Act 1947 (c.41)

Knowingly giving a false alarm to a fire brigade

Section 55 of the British Transport Commission Act 1949 (c.xxix)

Trespassing on a railway

Section 56 of the British Transport Commission Act 1949 (c.xxix)

Throwing stones etc. at trains or other things on railways

Section 169C(3) of the Licensing Act 1964 (c.26)

Buying or attempting to buy alcohol for consumption in a bar in licensed premises by a person under 18

Section 91 of the Criminal Justice Act 1967 (c.80)

Disorderly behaviour while drunk in a public place

Section 5(2) of the Criminal Law Act 1967 (c.58)

Wasting police time or giving false report

Section 43(1)(b) of the Telecommunications Act 1984 (c.12)

Using public telecommunications system for sending message known to be false in order to cause annoyance

Section 12 of this Act

Consumption of alcohol in designated public place

(2) The Secretary of State may by order amend an entry in the Table or add or remove an entry.

(3) An order under subsection (2) may make such amendment of any provision of this Chapter as the Secretary of State considers appropriate in consequence of any change in the Table made by the order.

(4) The power conferred by subsection (2) is exercisable by statutory instrument.

(5) No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Penalty notices and penalties

Penalty notices and penalties

S-2 Penalty notices

2 Penalty notices

(1) A constable who has reason to believe that a person aged 18 or over has committed a penalty offence may give him a penalty notice in respect of the offence.

(2) Unless the notice is given in a police station, the constable giving it must be in uniform.

(3) At a police station, a penalty notice may be given only by an authorised constable.

(4) In this Chapter ‘penalty notice’ means a notice offering the opportunity, by paying a penalty in accordance with this Chapter, to discharge any liability to be convicted of the offence to which the notice relates.

(5) ‘Authorised constable’ means a constable authorised, on behalf of the chief officer of police for the area in which the police station is situated, to give penalty notices.

S-3 Amount of penalty and form of penalty notice

3 Amount of penalty and form of penalty notice

(1) The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.

(2) But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on conviction of the offence.

(3) A penalty notice must—

(a) be in the prescribed form

(b) state the alleged offence

(c) give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it

(d) specify the suspended enforcement period (as to which see section 5) and explain its effect

(e) state the amount of the penalty

(f) state the justices' chief executive to whom, and the address at which, the penalty may be paid; and

(g) inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.

(4) ‘Prescribed’ means prescribed by regulations made by the Secretary of State.

(5) The power to make regulations or an order conferred by this section is exercisable by statutory instrument.

(6) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

S-4 Effect of penalty notice

4 Effect of penalty notice

(1) This section applies if a penalty notice is given to a person (‘A’) under section 2.

(2) If A asks to be tried for the alleged offence, proceedings may be brought against him.

(3) Such a request must be made by a notice given by A—

(a) in the manner specified in the penalty notice; and

(b) before the end of the period of suspended enforcement (as to which see section 5).

(4) A request which is made in accordance with subsection (3) is referred to in this Chapter as a ‘request to be tried’.

(5) If, by the end of the suspended enforcement period—

(a) the penalty has not been paid in accordance with this Chapter, and

(b) A has not made a request to be tried,

a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine.

S-5 General restriction on proceedings

5 General restriction on proceedings

(1) Proceedings for the offence to which a penalty notice relates may not be brought until the end of the period of 21 days beginning with the date on which the notice was given (‘the suspended enforcement period’).

(2) If the penalty is paid before the end of the suspended enforcement period, no proceedings may be brought for the offence.

(3) Subsection (1) does not apply if the person to whom the penalty notice was given has made a request to be tried.

S-6 Secretary of State's guidance

6 Secretary of State's guidance

The Secretary of State may issue guidance—

(a) about the exercise of the discretion given to constables by this Chapter

(b) about the issuing of penalty...

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