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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2009 No. 83 URL: http://www.bailii.org/uk/legis/num_reg/2009/uksi_20090083_en_1.html |
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Made
22nd January 2009
Laid before Parliament
23rd 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 2001(1):
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.
2. For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002(2), substitute the Schedule to this Order.
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
Article 2
| 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 |
| 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 |
(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 offence of possession of cannabis etc. It also revokes the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 (S.I. 2008/3297) which was made in anticipation of the addition of further penalty offences which have not yet been added.
2001 c.16. Section 3(1A) was inserted by section 87 of the Anti-social Behaviour Act 2003 (c.38). Back [1]
S.I. 2002/1837. That Schedule was substituted by S.I. 2004/2468 and further amended by S.I.2004/3371 and S.I. 2005/3048. Back [2]
S.I. 2005/581 Back [3]
S.I. 2008/3297, revoked before coming into force. Back [4]
Prospectively repealed by the Fireworks Act 2003 (c.22) from a date to be appointed. Back [5]
1967 c.58 Back [6]
1967 c.80 Back [7]
1968 c.60 Back [8]
1971 c.48 Back [9]
1971 c.38 Back [10]
1986 c.64 Back [11]
2003 c.21 Back [12]
2003 c.22 Back [13]
2004 c.21 Back [14]
1872 c.94 Back [15]
1949 c.xxix Back [16]
1990 c.43 Back [17]
2001 c.16 Back [18]
2003 c.17 Back [19]
