Your World of Legal Intelligence
 United Kingdom | +44 (0) 20 7284 8080

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009

As Enacted Cited authorities 41 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2009/83
Year2009

2009 No. 83

Criminal Law, England And Wales

Police, England And Wales

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009

Made 22th January 2009

Laid before Parliament 23th January 2009

Coming into force 24th 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 2009 and shall come into force on 24 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) Order 20053;

(b) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 20084.

Maria Eagle

Parliamentary Under Secretary of State

Ministry of Justice

22nd January 2009

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 5(2) of the Criminal Law Act 19676

Wasting police time or giving false report

Section 91 of the Criminal Justice Act 19677

Disorderly behaviour while drunk in a public place

Section 1 of the Theft Act 19688

Theft

Section 1(1) of the Criminal Damage Act 19719

Destroying or damaging property

Section 5(2) of the Misuse of Drugs Act 197110 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 5 of the Public Order Act 198611

Behaviour likely to cause harassment, alarm or distress

Section 141 of the Licensing Act 2003

Sale of alcohol to a person who is drunk

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 200312

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

Section 11 of the Fireworks Act 200313

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 200414

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 187215

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

Section 55 of the British Transport Commission Act 194916

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 199017

Depositing and leaving litter

Section 12 of the Criminal Justice and Police Act 200118

Consumption of alcohol in designated public place

Section 149(1) of the Licensing Act 200319

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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies the amounts that may be levied under sections 2 and 3 of the Criminal Justice and Police Act 2001 in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT