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

Cited as:SI 2008/3297
Jurisdiction:UK Non-devolved

2008No. 3297

CRIMINAL LAW, ENGLAND AND WALES

POLICE, ENGLAND AND WALES

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

29thDecember2008

2ndJanuary2009

26thJanuary2009

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

1.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.

Amount of penalty

2.For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 2, substitute the Schedule to this Order.

Revocations

3.The following Orders are revoked-

(a) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 2004 3;(b) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005 4.

Signed by authority of the Secretary of State

Bridget Prentice

Parliamentary Under Secretary of State Ministry of Justice

29th December 2008

SCHEDULE

Article 2

PART 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 5

Throwing fireworks in a thoroughfare

Section 7(1) of the Children and Young Persons Act 1933 6

Sale of tobacco etc to persons under 18 years

Section 5(2) of the Criminal Law Act 1967 7

Wasting police time or giving false report

Section 91 of the Criminal Justice Act 1967 8

Disorderly behaviour while drunk in a public place

Section 1 of the Theft Act 1968 9

Theft

Section 1(1) of the Criminal Damage Act 1971 10

Destroying or damaging property

Section 2 of the Criminal Damage Act 1971

Threatening to destroy or damage property

Section 5(2) of the Misuse of Drugs Act 1971 11 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 3 of the Theft Act 1978 12

Making off without payment

Section 5 of the Public Order Act 1986 13

Behaviour likely to cause harassment, alarm or distress

Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991 14

Failing 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 1994 15

Touting for hire car services

Section 3 of the Private Security Industry Act 2001 16

Engaging in licensable conduct without or not in accordance with a licence

Section 9 of the Private Security Industry Act 2001

Contravening the conditions of a licence

Section 140 of the Licensing Act 2003 17

Allowing disorderly conduct on licensed premises

Section 141 of the Licensing Act 2003

Sale of alcohol to a person who is drunk

Section 142 of the Licensing Act 2003

Obtaining alcohol for consumption on relevant premises for a person who is drunk

Section 143 of the Licensing Act 2003

Failure of person who is drunk or disorderly to leave relevant premises on request

Section 145 of the Licensing Act 2003

Allowing unaccompanied children under 16 on certain premises

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 18

Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety

Section 11 of the Fireworks Act 2003 19

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 20

Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority

PART 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 21

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

Section 2(1) of the Parks Regulation (Amendment) Act 1926 22, insofar as relating to a failure to comply with or a contravention of the Royal Parks and Other Open Spaces Regulations 1997 23

Contravening a prohibition on littering, dog fouling or illegal cycling etc

Section 55 of the British Transport Commission Act 1949 24

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 25

Depositing 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 byelaws

Smoking 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 byelaws

Entering 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 byelaws

Having 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 byelaws

Engaging in unacceptable behaviour on the railway

Section 12 of the Criminal Justice and Police Act 2001 26

Consumption of alcohol in designated public place

Section 149(1) of the Licensing Act 2003 27

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

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 byelaws

Smoking 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 byelaws

Entering 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 byelaws

Having intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of...

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