2009 No. 2773
The Criminal Justice Act 2003 (Conditional Cautions: Financial Penalties) Order 2009
The Secretary of State makes the following Order in exercise of the powers conferred by section 23A(1) to (3) of the Criminal Justice Act 2003:
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Citation and commencementCitation and commencement
1.—(1) This Order may be cited as the Criminal Justice Act 2003 (Conditional Cautions: Financial Penalties) Order 2009 and shall come into force on 16 November 2009.
(2) In this Order—
“the 1968 Act” means the Theft Act 1968;
“the 1971 Act” means the Criminal Damage Act 1971;
“the 1986 Act” means the Public Order Act 1986;
“the 2003 Act” means the Criminal Justice Act 2003;
“the 2006 Act” means the Fraud Act 2006; and
“excluded offence” means—
(i) loitering or soliciting for the purposes of prostitution contrary to section 1 of the Street Offences Act 1959;
(ii) any offence under the Road Traffic Act 1988; or
(iii) any offence under the Road Traffic Offenders Act 1988.
Financial penalties
2.—(1) The offences and the description of offences listed in the Schedules to this Order are prescribed for the purposes of section 23A(1) of the 2003 Act.
(2) Each such offence listed in Schedule 1 includes an attempt to commit such an offence.
(3) The maximum amount, for the purposes of section 23A(2) of the 2003 Act, in respect of the offences or description of offences listed in Schedule 1 to this Order is £150.
(4) The maximum amount, for the purposes of section 23A(2) of the 2003 Act, in respect of the offences or description of offences listed in column 1 of Schedule 2 to this Order, is the amount listed in column 2 of that Schedule.
SCHEDULE 1
Article 2(1), (2) and (3)
Prescribed offences and description of offences (including attempts)
Theft contrary to section 1(1) of the 1968 Act.
Removal of an article from a place open to the public contrary to section 11 of the 1968 Act.
Abstracting electricity contrary to section 13 of the 1968 Act.
False accounting contrary to section 17(1)(a) of the 1968 Act.
Handling stolen goods contrary to section 22(1) of the 1968 Act.
Going equipped for burglary or theft contrary to section 25 of the 1968 Act.
Destroying or damaging property contrary to section 1(1) of the 1971 Act.
Threatening to destroy or damage property contrary to section 2 of the 1971 Act.
Possessing articles with intent to destroy or damage property contrary to section 3 of the 1971 Act.
Making off without payment contrary to section 3(1) of the Theft Act 1978 (c. 31).
Forgery etc of documents contrary to section 173 of the Road Traffic Act 1988 (c. 52).
Forgery or fraudulent use etc of a vehicle licence or trade licence etc contrary to section 44(1) of the Vehicle Excise and Registration Act 1994 (c. 22).
Fraud contrary to section 1 of the 2006 Act.
Possession etc of articles for use in fraud contrary to section 6(1) of the 2006 Act.
Making, adapting, supplying or offering to supply an article for use in fraud contrary to section 7 of the 2006 Act.
Obtaining services dishonestly contrary to section 11 of the 2006 Act.
