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

Cited as:SI 2009/83
Jurisdiction:UK Non-devolved

2009No. 83

CRIMINAL LAW, ENGLAND AND WALES

POLICE, ENGLAND AND WALES

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

22ndJanuary2009

23rdJanuary2009

24thJanuary2009

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 2009 and shall come into force on 24 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) Order 2005 3;(b) the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 4.

Signed by authority of the Secretary of State

Maria Eagle

Parliamentary Under Secretary of State Ministry of Justice

22nd January 2009

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 5(2) of the Criminal Law Act 1967 6

Wasting police time or giving false report

Section 91 of the Criminal Justice Act 1967 7

Disorderly behaviour while drunk in a public place

Section 1 of the Theft Act 1968 8

Theft

Section 1(1) of the Criminal Damage Act 1971 9

Destroying or damaging property

Section 5(2) of the Misuse of Drugs Act 1971 10 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 1986 11

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 2003 12

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

Section 11 of the Fireworks Act 2003 13

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 14

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 15

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

Section 55 of the British Transport Commission Act 1949 16

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 17

Depositing and leaving litter

Section 12 of the Criminal Justice and Police Act 2001 18

Consumption of alcohol in designated public place

Section 149(1) of the Licensing Act 2003 19

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 respect of penalty offences to which Chapter 1 of Part 1 of that Act applies. There are two levels of penalty and different amounts are specified for persons under 16. The substituted Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 (S.I. 2002/1837) sets out afresh the same penalties for existing penalty offences and inserts a penalty of £80 for the penalty...

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