The Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2004

Cited as:SI 2004/3169
Jurisdiction:UK Non-devolved

2004No. 3169

CRIMINAL LAW, ENGLAND AND WALES

The Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2004

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The Secretary of State, in exercise of the powers conferred upon him by section 3(3) (having regard to the definition of "prescribed" in section 3(4)) of the Criminal Justice and Police Act 2001( 1) , and section 26(3)(b) of the Welsh Language Act 1993( 2), hereby makes the following Regulations:

1. These Regulations may be cited as the Penalties for Disorderly Behaviour (Form of Penalty Notice) (Amendment) Regulations 2004 and shall come into force on the twenty fourth day after the day on which they are made.

2. - (1) The Penalties for Disorderly Behaviour (Form of Penalty Notice) Regulations 2002( 3) are amended as follows.

(2) In regulation 2, after "the form of penalty notice" there is inserted "to be given to a person, aged 16 or over,".

(3) After regulation 2, there is inserted -

"3. The form of penalty notice to be given to a person, aged under 16, prescribed for the purposes of section 3(3) of the Criminal Justice and Police Act 2001 is -

(a) in the case of a penalty notice issued in England, that set out in Part I of Schedule 2 to these Regulations; and(b) in the case of a penalty notice issued in Wales, that set out in Part II of that Schedule.".

(4) For the heading to the Schedule there is substituted "FORM OF PENALTY NOTICE TO BE GIVEN TO A PERSON AGED 16 OR OVER".

(5) After that Schedule there shall be inserted, as Schedule 2, the Schedule set out in the Schedule to these Regulations.

Scotland of Asthal

Q.C.

Minister of State

Home Office 2nd December 2004

SCHEDULE

Schedule to be inserted in the Penalties for Disorderly Behaviour (Form of Penalty Notice) Regulations 2002

" SCHEDULE 2

Regulation 3

FORM OF PENALTY NOTICE GIVEN TO A PERSON AGED UNDER 16

PART 1

PART 2

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Penalties for Disorderly Behaviour (Form of Penalty) Notice Regulations 2002 (S.I. 2002/1838) to prescribe the form of penalty notice that must be issued by a constable in dealing with a penalty offence committed by a person who was aged under 16 at the time he committed the offence giving rise to the penalty notice. The minimum age at which a penalty notice for disorderly behaviour can be given under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 is...

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