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

JurisdictionUK Non-devolved
CitationSI 2008/3297
Year2008

2008 No. 3297

Criminal Law, England And Wales

Police, England And Wales

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

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 20011:

S-1 Citation and commencement

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.

S-2 Amount of penalty

Amount of penalty

2. For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 20022, substitute the Schedule to this Order.

S-3 Revocations

Revocations

3. The following Orders are revoked—

(a) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 20043;

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

29th December 2008

SCHEDULE

Article 2

SCHEDULE

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

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 18755

Throwing fireworks in a thoroughfare

Section 7(1) of the Children and Young Persons Act 19336

Sale of tobacco etc to persons under 18 years

Section 5(2) of the Criminal Law Act 19677

Wasting police time or giving false report

Section 91 of the Criminal Justice Act 19678

Disorderly behaviour while drunk in a public place

Section 1 of the Theft Act 19689

Theft

Section 1(1) of the Criminal Damage Act 197110

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 197111 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 197812

Making off without payment

Section 5 of the Public Order Act 198613

Behaviour likely to cause harassment, alarm or distress

Section 4 of the Children and Young Persons (Protection from Tobacco) Act 199114

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 199415

Touting for hire car services

Section 3 of the Private Security Industry Act 200116

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 200317

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 200318

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

Section 11 of the Fireworks Act 200319

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 200420

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

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 187221

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

Section 2(1) of the Parks Regulation (Amendment) Act 192622, insofar as relating to a failure to comply with or a contravention of the Royal Parks and Other Open Spaces Regulations 199723

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

Section 55 of the British Transport Commission Act 194924

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 199025

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 200126

Consumption of alcohol in designated public place

Section 149(1) of the Licensing Act 200327

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...

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