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Part 1 U.K. Provisions for Combatting Crime and Disorder

Chapter 1E+W On the Spot Penalties for Disorderly Behaviour

Modifications etc. (not altering text)

Offences to which this Chapter appliesE+W

1 Offences leading to penalties on the spotE+W

(1)For the purposes of this Chapter “penalty offence” means an offence committed under any of the provisions mentioned in the first column of the following Table and described, in general terms, in the second column:

Offence creating provisionDescription of offence
Section 12 of the Licensing Act 1872 (c.94)Being drunk in a highway, other public place or licensed premises
Section 80 of the Explosives Act 1875 (c.17)Throwing fireworks in a thoroughfare
F1. . . F1. . .
[F2Section 2(1) of the Parks Regulation (Amendment) Act 1926 so far as it creates an offence against the Parks Regulation Act 1872 relating to any of the following provisions of the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639)—Failing to comply with, or contravening, those Regulations by—
(a) regulation 3(3)dropping or leaving litter or refuse except in a receptacle provided for the purpose
(b) regulation 3(4)using a pedal cycle, a roller blade etc except on a Park road or in a designated area
(c) regulation 3(6)failing to remove immediately any faeces deposited by an animal of which that person is in charge]
Section 55 of the British Transport Commission Act 1949 (c.xxix)Trespassing on a railway
Section 56 of the British Transport Commission Act 1949 (c.xxix)Throwing stones etc. at trains or other things on railways
[F3Section 169A of the Licensing Act 1964 (c. 26)Sale of alcohol to a person under 18]
[F4Section 169C(1)of the Licensing Act 1964 (c. 26)Buying or attempting to buy alcohol by a person under 18]
Section [F5 169C(2) F6. . . ] of the Licensing Act 1964 (c.26)Buying or attempting to buy alcohol for F7. . . a person under 18
[F8Section 169E of the Licensing Act 1964 (c. 26)Consumption of alcohol by a person under 18 or allowing such consumption]
[F9Section 169F of the Licensing Act 1964 (c. 26)Delivery of alcohol to a person under 18 or allowing such delivery]
[F10Section 172(3) of the Licensing Act 1964 (c. 26)Selling alcohol to a drunken person]
Section 91 of the Criminal Justice Act 1967 (c.80)Disorderly behaviour while drunk in a public place
Section 5(2) of the Criminal Law Act 1967 (c.58)Wasting police time or giving false report
[F11Section 1 of the Theft Act 1968 (c. 60)Theft]
[F12Section 1(1) of the Criminal Damage Act 1971 (c. 48)Destroying or damaging property]

[F13Section 5(2) of the Misuse of Drugs Act 1971 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]

[F14Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following—

(a) khat (within the meaning given by Part 4 of Schedule 2 to that Act), or

(b) any preparation or other product containing khat.

Possession of khat or any preparation or other product containing khat]
[F15Section 43(1)(b) of the Telecommunications Act 1984 (c.12)][F15Using public telecommunications system for sending message known to be false in order to cause annoyance]
[F16Section 5 of the Public Order Act 1986 (c.64)Behaviour likely to cause harassment, alarm or distress]
[F17Section 87 of the Environmental Protection Act 1990 (c. 43)Depositing and leaving litter]
Section 12 of this ActConsumption of alcohol in designated public place
[F18Section 127(2) of the Communications Act 2003Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety]
[F19Section 11 of the Fireworks Act 2003 (c. 22)Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements]
[F20Section 49 of the Fire and Rescue Services Act 2004 (c. 21)Knowingly giving a false alarm of fire]
[F21Section 149(4) of the Licensing Act 2003Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child]

(2)The Secretary of State may by order amend an entry in the Table or add or remove an entry.

(3)An order under subsection (2) may make such amendment of any provision of this Chapter as the Secretary of State considers appropriate in consequence of any change in the Table made by the order.

F22(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 1(1) table: entry repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, Sch. 1 para. 97(2), Sch. 2; S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F6S. 1(1) table: entry relating to s. 169C(3) of Licensing Act 1964 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F15S. 1(1) table: entry repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F18S. 1(1) table: entry in table inserted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 169 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F20S. 1(1) table: entry added (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, Sch. 1 para. 97(3); S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F21S. 1(1) table: entry inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 120 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Commencement Information

I1S. 1 wholly in force at 12.8.2002; s. 1 not in force at Royal Assent see s. 138; s. 1 in force for certain purposes at 1.3.2002 by S.I. 2002/344, art. 2; s. 1 in force at 12.8.2002 in so far as not already in force by S.I. 2002/2050, art. 2

Penalty notices and penaltiesE+W

2 Penalty noticesE+W

(1)A constable who has reason to believe that a person aged [F2318] or over has committed a penalty offence may give him a penalty notice in respect of the offence.

[F24(1A)If the offence mentioned in subsection (1) is a relevant penalty offence, the constable may give the person a penalty notice with an education option.]

F25(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In this Chapter [F27—

“approved educational course” means an educational course run as part of an educational course scheme established by—

(a)in the case of a notice given by a constable of the British Transport Police Force, the Chief Constable of that force, and

(b)in any other case, the chief officer of police for the area in which the notice is given;

“educational course scheme” means a scheme established by a chief officer of police under section 2A;]

“penalty notice” means a notice offering the opportunity, by paying a penalty in accordance with this Chapter, to discharge any liability to be convicted of the offence to which the notice relates [F28;

“penalty notice with an education option” means a penalty notice that also offers the opportunity to discharge any liability to be convicted of the offence to which the notice relates by—

(a)completing an approved educational course, and

(b)paying the course fee;]

[F29(4A)In this section, “relevant penalty offence” means a penalty offence in relation to which there is an approved educational course.

(4B)The Secretary of State may by regulations make provision about the revocation of penalty notices.]

F30(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F322AEducational course schemesE+W

(1)A chief officer of police may establish an educational course scheme under this section in relation to one or more kinds of penalty offence committed in the chief officer's area.

(2)An educational course scheme must include arrangements—

(a)for educational courses relating to the penalty offences to which the scheme relates to be provided to persons who are given penalty notices with an education option, and

(b)for a course fee set by the chief officer of police—

(i)to be paid by a person who attends an educational course, and

(ii)to be refunded in such circumstances (if any) as the chief officer considers appropriate.

(3)The purpose of an educational course mentioned in subsection (2) must be to reduce the likelihood of those who take the course committing the penalty offence, or penalty offences, to which the course relates.

(4)An educational course may be provided by any person who, and have any content that, the chief officer of police considers appropriate given its purpose.

(5)The Secretary of State may by regulations—

(a)provide that the fee mentioned in subsection (2)(b) may not be—

(i)less than an amount specified in the regulations, or

(ii)more than an amount so specified;

(b)make provision for and in connection with the disclosure, for the purpose of running an educational course scheme, of relevant personal information between—

(i)a person who is involved in the provision of an educational course under the scheme,

(ii)the chief officer of police who established the scheme, and

(iii)any other person specified or described in the regulations;

(c)make provision about the use of relevant personal information for that purpose;

(d)place restrictions on the disclosure or use of relevant personal information.

(6)In subsection (5) “relevant personal information” means any information that relates to, and identifies, a person who has been given a penalty notice with an education option.

(7)In this section's application in relation to the Chief Constable of the British Transport Police Force, subsection (1) has effect as if the reference to one or more kinds of penalty offence committed in a chief officer of police's area were a reference to one or more kinds of penalty offence—

(a)committed at, or in relation to, any of the places mentioned in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 (places where a constable of the British Transport Police Force has the powers of a constable), or

(b)otherwise relating to a railway.

(8)In subsection (7) “railway” means—

(a)a railway within the meaning given by section 67(1) of the Transport and Works Act 1992 (interpretation), or

(b)a tramway within the meaning given by that section.]

Textual Amendments

3 Amount of penalty and form of penalty noticeE+W

(1)The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.

F33(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on [F34summary] conviction of the offence [F35plus a half of the relevant surcharge].

[F36(2A)The “relevant surcharge”, in relation to a person of a given age, is the amount payable by way of surcharge under [F37section 42 of the Sentencing Code] by a person of that age who is fined the maximum amount for the offence.]

(3)A penalty notice must—

F38(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)state the alleged offence;

(c)give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;

(d)specify the suspended enforcement period (as to which see section 5) and explain its effect;

(e)state the amount of the penalty;

(f)state the [F39designated officer for a local justice area] to whom, and the address at which, the penalty may be paid; and

(g)inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.

[F40(3A)The Secretary of State may by regulations require information in addition to that mentioned in subsection (3) to be included in, or to be provided with, a penalty notice with an education option.]

F41(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39Words in s. 3(3)(f) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 397; S.I. 2005/910, art. 3

4 Effect of penalty noticeE+W

(1)This section applies if a penalty notice is given to a person (“A”) under section 2.

(2) If A asks to be tried for the alleged offence, proceedings may be brought against him.

(3)Such a request must be made by a notice given by A—

(a)in the manner specified in the penalty notice; and

(b)before the end of the period of suspended enforcement (as to which see section 5).

(4)A request which is made in accordance with subsection (3) is referred to in this Chapter as a “request to be tried”.

(5)[F43In the case of a penalty notice that is not a penalty notice with an education option, if], by the end of the suspended enforcement period—

(a)the penalty has not been paid in accordance with this Chapter, and

(b)A has not made a request to be tried,

a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine.

[F44(6)In the case of a penalty notice with an education option, a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine if subsection (7) or (8) applies.

(7)This subsection applies if, by the end of the suspended enforcement period, A does not—

(a)ask to attend an approved educational course relating to the offence to which the notice relates,

(b)pay the penalty, or

(c)request to be tried.

(8)This subsection applies if—

(a)A has asked, by the end of the suspended enforcement period, to attend an approved educational course of the kind mentioned in subsection (7)(a), and

(b)A does not, in accordance with regulations made under subsection (9)—

(i)pay the course fee,

(ii)start such a course, or

(iii)complete such a course.

(9)The Secretary of State may by regulations make provision—

(a)as to the time by which A is required to do each of the things mentioned in subsection (8)(b)(i) to (iii) (including provision allowing those times to be specified by a chief officer of police for the purposes of an educational course scheme established by that officer);

(b)allowing A to request an extension of the time to do the things mentioned in subsection (8)(b)(i) to (iii) (including provision as to who should determine such a request and on what basis);

(c)as to the procedure to be followed in relation to requests for extensions of time (including provision allowing the procedure to be determined by a chief officer of police for the purposes of an educational course scheme established by that officer);

(d)as to the consequences of a request for an extension of time being granted (including provision specifying circumstances in which a chief officer of police may require a course fee to be paid again in order to avoid a sum being registered for enforcement as a fine under section 8);

(e)as to the consequences of A failing to attend a course that A has arranged to attend (including provision as to who should determine what those consequences are and on what basis);

(f)specifying circumstances in which A is, for the purposes of this Chapter, to be regarded as having completed, or having not completed, an approved educational course (including provision as to who should determine whether those circumstances have arisen and how that should be determined).

(10)Regulations made under subsection (9)(b), (e) or (f) may permit a person to delegate the function of making a determination.]

Textual Amendments

5 General restriction on proceedingsE+W

(1)Proceedings for the offence to which a penalty notice relates may not be brought [F45during] the period of 21 days beginning with the date on which the notice was given (“the suspended enforcement period”).

(2)If the penalty is paid before the end of the suspended enforcement period, no proceedings may be brought for the offence.

[F46(2A)Proceedings for an offence to which a penalty notice with an education option relates may not be brought against a person who has, by the end of the suspended enforcement period, asked to attend an approved educational course relating to the offence, unless section 4(8) applies.

(2B)If the person to whom a penalty notice with an education option is given—

(a)completes, in accordance with regulations made under section 4(9), an approved educational course relating to the offence to which the notice relates, and

(b)pays the course fee in accordance with those regulations,

no proceedings may be brought for the offence.]

(3)Subsection (1) does not apply if the person to whom the penalty notice was given has made a request to be tried.

Textual Amendments

6 Secretary of State’s guidanceE+W

The Secretary of State may issue guidance—

(a)about the exercise of the discretion given to constables by this Chapter;

(b)about the issuing of penalty notices;

[F47(ba)about educational course schemes;]

(c)with a view to encouraging good practice in connection with the operation of provisions of this Chapter.

Textual Amendments

ProcedureE+W

7 Payment of penaltyE+W

(1)If a person to whom a penalty notice is given decides to pay the penalty, he must pay it to the [F48designated officer] specified in the notice.

(2)Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3)Subsection (4) applies if a person—

(a)claims to have made payment by that method, and

(b)shows that his letter was posted.

(4)Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

(5)Subsection (2) is not to be read as preventing the payment of a penalty by other means.

(6)A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the penalty notice.

Textual Amendments

F48Words in s. 7(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 398; S.I. 2005/910, art. 3

8 Registration certificatesE+W

(1)The chief officer of police may, in respect of any registrable sum, issue a certificate (a “registration certificate”) stating that the sum is registrable for enforcement against the defaulter as a fine.

(2)If that officer issues a registration certificate, he must cause it to be sent to the [F49designated officer for the local justice] area in which the defaulter appears to that officer to reside.

(3)A registration certificate must—

(a)give particulars of the offence to which the penalty notice relates, and

(b)state the name and last known address of the defaulter and the amount of the registrable sum.

(4)“Registrable sum” means a sum that may be registered under this section as a result of section 4(5) [F50or (6)].

(5)“Defaulter” means the person against whom that sum may be registered.

Textual Amendments

F49Words in s. 8(2) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 399; S.I. 2005/910, art. 3

9 Registration of sums payable in defaultE+W

(1)If the [F51designated officer for a local justice] area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area.

(2)But if it appears to him that the defaulter does not reside in that area—

(a)subsection (1) does not apply to him; but

(b)he must cause the certificate to be sent to the person appearing to him to be the [F52designated officer for the local justice area in which the defaulter resides] .

(3)A [F53designated officer] registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration.

(4)The notice must—

(a)specify the amount of the sum registered, and

(b)give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 8.

(5)If a sum is registered in a magistrates’ court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered.

Textual Amendments

F51Words in s. 9(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 400(2); S.I. 2005/910, art. 3

F52Words in s. 9(2)(b) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 400(3); S.I. 2005/910, art. 3

F53Words in s. 9(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 400(4); S.I. 2005/910, art. 3

10 Enforcement of finesE+W

(1)In this section—

(2)Subsection (3) applies if, in any proceedings, the defaulter claims that he was not the person to whom the penalty notice concerned was issued.

(3)The court may adjourn the proceedings for a period of not more than 28 days for the purpose of allowing that claim to be investigated.

(4)On the resumption of proceedings that have been adjourned under subsection (3), the court must accept the defaulter’s claim unless it is shown, on a balance of probabilities, that he was the recipient of the penalty notice.

(5)The court may set aside a fine in the interests of justice.

(6)[F54Subject to any regulations made under subsection (7), if] the court does set a fine aside it must—

(a)give such directions for further consideration of the case as it considers appropriate; or

(b)direct that no further action is to be taken in respect of the allegation that gave rise to the penalty notice concerned.

[F55(7)The Secretary of State may by regulations make provision as to the directions that the court may, or must, give or the orders it may, or must, make if it sets aside a fine relating to a sum registered under section 8 on the basis that section 4(8) applies.]

Textual Amendments

[F56Orders and regulationsE+W

Textual Amendments

10AOrders and regulations under Chapter 1E+W

(1)Any power of the Secretary of State to make an order or regulations under this Chapter is exercisable by statutory instrument.

(2)Any power of the Secretary of State to make an order or regulations under this Chapter includes—

(a)power to make different provision for different cases, circumstances or areas, and

(b)power to make incidental, supplementary, consequential, transitional or transitory provision or savings.

(3)The Secretary of State may not make an order under section 1(2) unless a draft of the statutory instrument containing the order (whether alone or with other provisions) has been laid before, and approved by a resolution of, each House of Parliament.

(4)A statutory instrument that contains an order or regulations made under this Chapter and is not subject to any requirement that a draft of the instrument be laid before, and approved by a resolution of, both Houses of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.]

InterpretationE+W

11 Interpretation of Chapter 1E+W

In this Chapter—

Textual Amendments

Chapter 2 E+W+N.I. Provisions for combatting alcohol-related disorder

Alcohol consumption in designated public placesE+W

F6012 Alcohol consumption in designated public placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C3S. 12 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 5; S.I. 2002/2750, art. 2

S. 12 extended (with modifications) (2.12.2002) by Police Reform Act 2002 (c. 30), s. 41, 108, Sch. 5 para. 4; S.I. 2002/2750, art. 2

F6013 Designated public placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2S. 13 wholly in force at 1.9.2001; s. 13 not in force at Royal Assent see s. 138; s. 13 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(2)(b); s. 13 in force at 1.9.2001 by S.I. 2001/2223, art. 4(a)

F6014 Places which are not designated public placesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6015 Effect of sections 12 to 14 on byelawsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6016 Interpretation of sections 12 to 15E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Closure of certain licensed premisesE+W

17 Closure of certain licensed premises due to disorder or disturbanceE+W

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

18 Amendments consequential on section 17E+W

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Closure of unlicensed premisesE+W

19 Closure noticesE+W

(1)Where a constable is satisfied that any premises are being, or within the last 24 hours have been, used for the [F63unauthorised sale of alcohol] for consumption on, or in the vicinity of, the premises, he may serve under subsection (3) a notice in respect of the premises.

(2)Where a local authority is satisfied that any premises in the area of the authority are being, or within the last 24 hours have been, used for the [F63unauthorised sale of alcohol] for consumption on, or in the vicinity of, the premises, the authority may serve under subsection (3) a notice in respect of the premises.

(3)A notice under subsection (1) or (2) (“a closure notice”) shall be served by the constable or local authority concerned on a person having control of, or responsibility for, the activities carried on at the premises.

(4)A closure notice shall also be served by the constable or local authority concerned on any person occupying another part of any building or other structure of which the premises form part if the constable or (as the case may be) the local authority concerned reasonably believes, at the time of serving notice under subsection (3), that the person’s access to the other part of the building or other structure would be impeded if an order under section 21 providing for the closure of the premises were made.

(5)A closure notice may also be served by a constable or the local authority concerned on—

(a)any other person having control of, or responsibility for, the activities carried on at the premises;

(b)any person who has an interest in the premises.

(6)A closure notice shall—

(a)specify the alleged use of the premises and the grounds on which the constable or (as the case may be) the local authority concerned is satisfied as mentioned in subsection (1) or (as the case may be) subsection (2);

(b)state the effect of section 20; and

(c)specify the steps which may be taken to ensure that the alleged use of the premises ceases or (as the case may be) does not recur.

(7)A closure notice served by a constable or local authority may be cancelled by a notice of cancellation served by a constable or (as the case may be) the local authority concerned.

(8)Any such notice of cancellation shall have effect as soon as it is served by a constable or (as the case may be) the authority concerned on at least one person on whom the closure notice was served.

(9)The constable or (as the case may be) the local authority concerned shall also serve the notice of cancellation on any other person on whom the closure notice was served.

(10)For the purposes of subsections (3) and (5) a person having control of, or responsibility for, the activities carried on at the premises includes a person who—

(a)derives or seeks to derive profit from the carrying on of the activities;

(b)manages the activities;

(c)employs any person to manage the activities; or

(d)is involved in the conduct of the activities.

Textual Amendments

20 Applications for closure ordersE+W

(1)Where a closure notice has been served under section 19(3), a constable or (as the case may be) the local authority concerned may make a complaint to a justice of the peace F64. . . for an order under section 21 (a “closure order”).

(2)A complaint under subsection (1) shall be made not less than seven days, and not more than six months, after the service of the closure notice under section 19(3).

(3)No complaint shall be made under subsection (1) if the constable or (as the case may be) the local authority is satisfied that—

(a)the use of the premises for the [F65unauthorised sale of alcohol] for consumption on, or in the vicinity of, the premises has ceased; and

(b)there is no reasonable likelihood that the premises will be so used in the future.

(4)Where a complaint has been made to a justice of the peace under subsection (1), the justice may issue a summons to answer to the complaint.

(5)The summons shall be directed to—

(a)the person on whom the closure notice was served under section 19(3); and

(b)any other person on whom the closure notice was served under section 19(5)(a).

(6)Where a summons is served in accordance with subsections (4) and (5), a notice stating the date, time and place at which the complaint will be heard shall be served on all persons on whom the closure notice was served under section 19(4) and (5)(b).

(7)The procedure on a complaint for a closure order shall (except as otherwise provided) be in accordance with the Magistrates’ Courts Act 1980 (c. 43).

Textual Amendments

21 Closure ordersE+W

(1)On hearing a complaint made under section 20(1), the court may make such order as it considers appropriate if it is satisfied that—

(a)the closure notice was served under section 19(3); and

(b)the premises continue to be used for the [F66unauthorised sale of alcohol] for consumption on, or in the vicinity of, the premises or there is a reasonable likelihood that the premises will be so used in the future.

(2)An order under this section may, in particular, require—

(a)the premises in respect of which the closure notice was served to be closed immediately to the public and to remain closed until a constable or (as the case may be) the local authority concerned makes a certificate under section 22(1);

(b)the use of the premises for the [F67unauthorised sale of alcohol] for consumption on, or in the vicinity of, the premises to be discontinued immediately;

(c)any defendant to pay into court such sum as the court determines and that the sum will not be released by the court to that person until the other requirements of the order are met.

(3)An order of the kind mentioned in subsection (2)(a) may, in particular, include such conditions as the court considers appropriate relating to—

(a)the admission of persons onto the premises;

(b)the access by persons to another part of any building or other structure of which the premises form part.

(4)The complainant shall, as soon as practicable after the making of an order under this section, give notice of the order by fixing a copy of it in a conspicuous position on the premises in respect of which it was made.

(5)A sum which has been ordered to be paid into court under this section shall be paid to the [F68designated officer] for the court.

Textual Amendments

22 Termination of closure orders by constable or local authorityE+W

(1)Where a closure order has been made, a constable or (as the case may be) the local authority concerned may make a certificate to the effect that the constable or (as the case may be) the authority is satisfied that the need for the order has ceased.

(2)Where such a certificate has been made, the closure order shall cease to have effect.

(3)Where a closure order containing provision of the kind mentioned in section 21(2)(c) ceases to have effect by virtue of the making of a certificate under subsection (1), any sum paid into court by a defendant under the order shall be released by the court.

(4)Subject to this, a closure order may include such provision as the court considers appropriate for dealing with any consequences which would arise if the order were to cease to have effect by virtue of the making of a certificate under subsection (1).

(5)The constable or (as the case may be) the local authority concerned shall, as soon as practicable after the making of a certificate under subsection (1)—

(a)serve a copy of it on the person against whom the closure order has been made and the [F69designated officer] for the court which made the order; and

(b)fix a copy of it in a conspicuous position on the premises in respect of which the order was made.

(6)The constable or (as the case may be) the local authority concerned shall also serve a copy of the certificate on any person who requests such a copy.

Textual Amendments

23 Discharge of closure orders by the courtE+W

(1)Where a closure order has been made—

(a)any person on whom the closure notice concerned was served under section 19; or

(b)any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was served,

may make a complaint to a justice of the peace F70. . . for an order that the closure order be discharged.

(2)The court may not make an order under subsection (1) unless it is satisfied that the need for the closure order has ceased.

(3)Where a complaint has been made to a justice of the peace under subsection (1), the justice may issue a summons directed to such constable as he considers appropriate or (as the case may be) the local authority concerned requiring that person to appear before the magistrates’ court to answer to the complaint.

(4)Where a summons is served in accordance with subsection (3), a notice stating the date, time and place at which the complaint will be heard shall be served on all persons on whom the closure notice concerned was served under section 19 (other than the complainant).

(5)The procedure on a complaint for an order under this section shall (except as otherwise provided) be in accordance with the Magistrates’ Courts Act 1980 (c. 43).

Textual Amendments

24 AppealsE+W

(1)An appeal against a closure order, an order under section 23(1) or a decision not to make an order under section 23(1) may be brought to the Crown Court at any time before the end of the period of 21 days beginning with the day on which the order or (as the case may be) the decision was made.

(2)An appeal under this section against a closure order may be brought by—

(a)any person on whom the closure notice concerned was served under section 19; or

(b)any person who has an interest in the premises in respect of which the closure order was made but on whom no closure notice was so served.

(3)On an appeal under this section the Crown Court may make such order as it considers appropriate.

25 Enforcement of closure ordersE+W

(1)Where a closure order has been made, a constable or an authorised person may (if necessary using reasonable force)—

(a)at any reasonable time enter the premises concerned; and

(b)having so entered the premises, do anything reasonably necessary for the purpose of securing compliance with the order.

(2)A constable or an authorised person seeking to enter any premises in exercise of his powers under subsection (1) shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of his authority, before entering the premises.

(3)Any person who intentionally obstructs a constable or an authorised person in the exercise of his powers under this section shall be guilty of an offence and shall be liable on summary conviction—

(a)where the offence was committed in respect of a constable, to imprisonment for a term not exceeding one month or to a fine not exceeding level 5 on the standard scale or to both;

(b)where the offence was committed in respect of an authorised person, to a fine not exceeding level 5 on the standard scale.

(4)A person who, without reasonable excuse, permits premises to be open in contravention of a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to [F71a fine] or to both.

(5)A person who, without reasonable excuse, otherwise fails to comply with, or does an act in contravention of, a closure order shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.

(6)In this section “an authorised person” means a person authorised for the purposes of this section by a local authority in respect of premises situated in the area of the authority.

Textual Amendments

26 Offences by body corporateE+W

(1)Where an offence under section 25 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, he as well as the body corporate commits the offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

27 Service of noticesE+W

(1)Any document required or authorised by virtue of sections 19 to 26 to be served on any person may be [F72served in accordance with Criminal Procedure Rules.]

[F73(1A)For the purposes of subsection (1)—

(a)Criminal Procedure Rules (as they have effect from time to time) apply to the document to be served as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b)any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.]

F74(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

28 Sections 19 to 27: interpretationE+W

(1)In sections 19 to 27 and this section—

(2)In sections 19 to 27 “local authority” means—

(a)in relation to England—

(i)a county council;

(ii)a district council;

(iii)a London borough council;

(iv)the Common Council of the City of London in its capacity as a local authority;

(v)the Council of the Isles of Scilly;

(b)in relation to Wales, a county council or a county borough council.

(3)References in sections 19 to 27 to a person who has an interest in the premises are references to any person who is the owner, leaseholder or occupier of the premises.

Textual Amendments

F75S. 28: definition of "alcohol" inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 127(a) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F76S. 28: definition of "intoxicating liquor" repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 199, 201, Sch. 6 para. 127(b), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F77S. 28: definition of "unlicensed sale" substituted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 127(c) (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Other provisions for combatting alcohol-related disorderE+W+N.I.

29 Confiscation of alcohol containers from young personsE+W+N.I.

In section 1(1) of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (things to be surrendered to a constable) after “intoxicating liquor”, where it appears for the third time, there shall be inserted “ or a container for such liquor (other than a sealed container) ”.

30 Sale of intoxicating liquor to a person under eighteenE+W

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

31 Enforcement of certain offences relating to under-age drinkingE+W

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

32 Drunkenness or disorder on licensed premisesE+W

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Chapter 3 U.K. Other provisions for combatting crime and disorder

Travel restrictions on drug trafficking offendersU.K.

33 Power to make travel restriction ordersU.K.

(1)This section applies where—

(a)a person (“the offender”) has been convicted by any court of a post-commencement drug trafficking offence;

(b)the court has determined that it would be appropriate to impose a sentence of imprisonment for that offence; and

(c)the term of imprisonment which the court considers appropriate is a term of four years or more.

(2)It shall be the duty of the court, on sentencing the offender—

(a)to consider whether it would be appropriate for the sentence for the offence to include the making of a travel restriction order in relation to the offender;

(b)if the court determines that it is so appropriate, to make such travel restriction order in relation to the offender as the court thinks suitable in all the circumstances (including any other convictions of the offender for post-commencement drug trafficking offences in respect of which the court is also passing sentence); and

(c)if the court determines that it is not so appropriate, to state its reasons for not making a travel restriction order.

(3)A travel restriction order is an order that prohibits the offender from leaving the United Kingdom at any time in the period which—

(a)begins with the offender’s release from custody; and

(b)continues after that time for such period of not less than two years as may be specified in the order.

(4)A travel restriction order may contain a direction to the offender to deliver up, or cause to be delivered up, to the court any [F81UK passport] held by him; and where such a direction is given, the court shall send [F82any passport] delivered up in pursuance of the direction to the Secretary of State at such address as the Secretary of State may determine.

(5)Where the offender’s [F83passport] is held by the Secretary of State by reason of the making of any direction contained in a travel restriction order, the Secretary of State (without prejudice to any other power or duty of his to retain the [F83passport])—

(a)may retain it for so long as the prohibition imposed by the order applies to the offender, and is not for the time being suspended; and

(b)shall not return the [F83passport] after the prohibition has ceased to apply, or when it is suspended, except where the [F83passport] has not expired and an application for its return is made to him by the offender.

(6)In this section “post-commencement”—

(a)except in relation to an offence that is a drug trafficking offence by virtue of an order under section 34(1)(c), means committed after the coming into force of this section; and

(b)in relation to an offence that is a drug trafficking offence by virtue of such an order, means committed after the coming into force of that order.

(7)References in this section to the offender’s release from custody are references to his first release from custody after the imposition of the travel restriction order which is neither—

(a)a release on bail; nor

(b)a temporary release for a fixed period.

[F84(8)In this section “UK passport” means a United Kingdom passport within the meaning of the Immigration Act 1971 (see section 33(1)).]

Textual Amendments

F81Words in s. 33(4) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 16(2)(a)

F82Words in s. 33(4) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 16(2)(b)

F83Word in s. 33(5) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 16(3)

34 Meaning of “drug trafficking offence”U.K.

(1)In section 33 “drug trafficking offence” means any of the following offences (including one committed by aiding, abetting, counselling or procuring)—

(a)an offence under section 4(2) or (3) of the Misuse of Drugs Act 1971 (c. 38) (production and supply of controlled drugs);

(b)an offence under section 20 of that Act (assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law);

(c)any such other offence under that Act as may be designated by order made by the Secretary of State;

(d)an offence under—

(i)section 50(2) or (3) of the Customs and Excise Management Act 1979 (c. 2) (improper importation),

(ii)section 68(2) of that Act (exportation), or

(iii)section 170 of that Act (fraudulent evasion),

in connection with a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Misuse of Drugs Act 1971 (c. 38);

(e)an offence under section 1 of the Criminal Law Act 1977 (c. 45) or Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983 1120 (N.I. 13)), or in Scotland at common law, of conspiracy to commit any of the offences in paragraphs (a) to (d) above;

(f)an offence under section 1 of the Criminal Attempts Act 1981 (c. 47) or Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, or in Scotland at common law, of attempting to commit any of those offences; and

(g)an offence under section 19 of the Misuse of Drugs Act 1971 (c. 38) or at common law of inciting another person to commit any of those offences.

(2)The power to make an order under subsection (1)(c) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(3)An order under subsection (1)(c) may provide, in relation to any offence designated by such an order, that it is to be treated as so designated only—

(a)for such purposes, and

(b)in cases where it was committed in such manner or in such circumstances,

as may be described in the order.

Modifications etc. (not altering text)

C4S. 34(1)(g) modified (E.W. N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 41 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

35 Revocation and suspension of a travel restriction orderU.K.

(1)Subject to the following provisions of this section, the court by which a travel restriction order has been made in relation to any person under section 33 may—

(a)on an application made by that person at any time which is—

(i)after the end of the minimum period, and

(ii)is not within three months after the making of any previous application for the revocation of the prohibition,

revoke the prohibition imposed by the order with effect from such date as the court may determine; or

(b)on an application made by that person at any time after the making of the order, suspend the prohibition imposed by the order for such period as the court may determine.

(2)A court to which an application for the revocation of the prohibition imposed on any person by a travel restriction order is made shall not revoke that prohibition unless it considers that it is appropriate to do so in all the circumstances of the case and having regard, in particular, to—

(a)that person’s character;

(b)his conduct since the making of the order; and

(c)the offences of which he was convicted on the occasion on which the order was made.

(3)A court shall not suspend the prohibition imposed on any person by a travel restriction order for any period unless it is satisfied that there are exceptional circumstances, in that person’s case, that justify the suspension on compassionate grounds of that prohibition for that period.

(4)In making any determination on an application for the suspension of the prohibition imposed on any person by a travel restriction order, a court (in addition to considering the matters mentioned in subsection (3)) shall have regard to—

(a)that person’s character;

(b)his conduct since the making of the order;

(c)the offences of which he was convicted on the occasion on which the order was made; and

(d)any other circumstances of the case that the court considers relevant.

(5)Where the prohibition imposed on any person by a travel restriction order is suspended, it shall be the duty of that person—

(a)to be in the United Kingdom when the period of the suspension ends; and

(b)if the order contains a direction under section 33(4), to surrender, before the end of that period, any [F85passport] returned or issued to that person, in respect of the suspension, by the Secretary of State;

and a [F85passport] that is required to be surrendered under paragraph (b) shall be surrendered to the Secretary of State in such manner or by being sent to such address as the Secretary of State may direct at the time when he returns or issues it.

(6)Where the prohibition imposed on any person by a travel restriction order is suspended for any period under this section, the end of the period of the prohibition imposed by the order shall be treated (except for the purposes of subsection (7)) as postponed (or, if there has been one or more previous suspensions, further postponed) by the length of the period of suspension.

(7)In this section “the minimum period”—

(a)in the case of a travel restriction order imposing a prohibition for a period of four years or less, means the period of two years beginning at the time when the period of the prohibition began;

(b)in the case of a travel restriction order imposing a prohibition of more than four years but less than ten years, means the period of four years beginning at that time; and

(c)in any other case, means the period of five years beginning at that time.

Textual Amendments

F85Word in s. 35 substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 17

36 Offences of contravening ordersU.K.

(1)A person who leaves the United Kingdom at a time when he is prohibited from leaving it by a travel restriction order is guilty of an offence and liable—

(a)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(2)A person who is not in the United Kingdom at the end of a period during which a prohibition imposed on him by a travel restriction order has been suspended shall be guilty of an offence and liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

(3)A person who fails to comply with—

(a)a direction contained in a travel restriction order to deliver up a [F86passport] to a court, or to cause such a [F86passport] to be delivered up, or

(b)any duty imposed on him by section 35(5)(b) to surrender a [F86passport] to the Secretary of State,

shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4)This section has effect subject to section 37(3).

Textual Amendments

F86Word in s. 36 substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), s. 14(2), Sch. para. 17

37 Saving for powers to remove a person from the United KingdomU.K.

(1)A travel restriction order made in relation to any person shall not prevent the exercise in relation to that person of any prescribed removal power.

(2)A travel restriction order made in relation to any person shall remain in force, notwithstanding the exercise of any prescribed removal power in relation to that person, except in so far as either—

(a)the Secretary of State by order otherwise provides; or

(b)the travel restriction order is suspended or revoked under section 35.

(3)No person shall be guilty of an offence under section 36 in respect of any act or omission required of him by an obligation imposed in the exercise of a prescribed removal power.

(4)In this section “a prescribed removal power” means any such power conferred by or under any enactment as—

(a)consists in a power to order or direct the removal of a person from the United Kingdom; and

(b)is designated for the purposes of this section by an order made by the Secretary of State.

(5)An order under subsection (2)(a) or (4) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)An order under subsection (2)(a)—

(a)may make different provision for different cases; and

(b)may contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

(7)References in this section to a person’s removal from the United Kingdom include references to his deportation, extradition, repatriation, delivery up or other transfer to a place outside the United Kingdom.

Commencement Information

I3S. 37 wholly in force at 1.4.2002; s. 37 not in force at Royal Assent see s. 138; s. 37 in force for certain purposes at 19.6.2001 by S.I. 2001/2223, art. 2(2)(b); s. 37 in force at 1.4.2002 insofar as not already in force by S.I. 2002/344, art. 3 (with art. 4)

Use of controlled drugsU.K.

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Intimidating, harming and threatening witnesses etc.E+W+N.I.

39 Intimidation of witnessesE+W+N.I.

(1)A person commits an offence if—

(a)he does an act which intimidates, and is intended to intimidate, another person (“the victim”);

(b)he does the act—

(i)knowing or believing that the victim is or may be a witness in any relevant proceedings; and

(ii)intending, by his act, to cause the course of justice to be obstructed, perverted or interfered with;

and

(c)the act is done after the commencement of those proceedings.

(2)For the purposes of subsection (1) it is immaterial—

(a)whether or not the act that is done is done in the presence of the victim;

(b)whether that act is done to the victim himself or to another person; and

(c)whether or not the intention to cause the course of justice to be obstructed, perverted or interfered with is the predominating intention of the person doing the act in question.

(3)If, in proceedings against a person for an offence under this section, it is proved—

(a)that he did any act that intimidated, and was intended to intimidate, another person, and

(b)that he did that act knowing or believing that that other person was or might be a witness in any relevant proceedings that had already commenced,

he shall be presumed, unless the contrary is shown, to have done the act with the intention of causing the course of justice to be obstructed, perverted or interfered with.

(4)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(5)References in this section to a witness, in relation to any proceedings, include references to a person who provides, or is able to provide, any information or any document or other thing which might be used as evidence in those proceedings or which (whether or not admissible as evidence in those proceedings)—

(a)might tend to confirm evidence which will be or might be admitted in those proceedings;

(b)might be referred to in evidence given in those proceedings by another witness; or

(c)might be used as the basis for any cross examination in the course of those proceedings.

(6)References in this section to doing an act include references to issuing any threat (whether against a person or his finances or property or otherwise), or making any other statement.

(7)This section is in addition to, and not in derogation of, any offence subsisting at common law.

40 Harming witnesses etc.E+W+N.I.

(1)A person commits an offence if, in circumstances falling within subsection (2)—

(a)he does an act which harms, and is intended to harm, another person; or

(b)intending to cause another person to fear harm, he threatens to do an act which would harm that other person.

(2)The circumstances fall within this subsection if—

(a)the person doing or threatening to do the act does so knowing or believing that some person (whether or not the person harmed or threatened or the person against whom harm is threatened) has been a witness in relevant proceedings; and

(b)he does or threatens to do that act because of that knowledge or belief.

(3)If, in proceedings against a person for an offence under this section, it is proved that, within the relevant period—

(a)he did an act which harmed, and was intended to harm, another person, or

(b)intending to cause another person to fear harm, he threatened to do an act which would harm that other person,

and that he did the act, or (as the case may be) threatened to do the act, with the knowledge or belief required by paragraph (a) of subsection (2), he shall be presumed, unless the contrary is shown, to have done the act, or (as the case may be) threatened to do the act, because of that knowledge or belief.

(4)For the purposes of this section it is immaterial—

(a)whether or not the act that is done or threatened, or the threat that is made, is or would be done or is made in the presence of the person who is or would be harmed or of the person who is threatened;

(b)whether or not the motive mentioned in subsection (2)(b) is the predominating motive for the act or threat; and

(c)whether the harm that is done or threatened is physical or financial or is harm to a person or to his property.

(5)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both.

(6)In this section “the relevant period”, in relation to an act done, or threat made, with the knowledge or belief that a person has been a witness in any relevant proceedings, means the period that begins with the commencement of those proceedings and ends one year after they are finally concluded.

(7)References in this section to a witness, in relation to any proceedings, include references to a person who has provided any information or any document or other thing which was or might have been used as evidence in those proceedings or which (whether or not it was admissible as evidence in those proceedings)—

(a)tended to confirm or might have tended to confirm any evidence which was or could have been given in those proceedings;

(b)was or might have been referred to in evidence given in those proceedings by another witness; or

(c)was or might have been used as the basis for any cross examination in the course of those proceedings.

(8)This section is in addition to, and not in derogation of, any offence subsisting at common law.

41 Relevant proceedingsE+W+N.I.

(1)A reference in section 39 or 40 to relevant proceedings is a reference to any proceedings in or before the Court of Appeal, the High Court, the Crown Court or any county court or magistrates’ court which—

(a)are not proceedings for an offence; and

(b)were commenced after the coming into force of that section.

(2)For the purposes of any reference in section 39 or 40 or this section to the commencement of any proceedings relevant proceedings are commenced (subject to subsection (5)) at the earliest time at which one of the following occurs—

(a)an information is laid or application, claim form, complaint, petition, summons or other process made or issued for the purpose of commencing the proceedings;

(b)any other step is taken by means of which the subject matter of the proceedings is brought for the first time (whether as part of the proceedings or in anticipation of them) before the court.

(3)For the purposes of any reference in section 39 or 40 to the time when any proceedings are finally concluded, relevant proceedings are finally concluded (subject to subsection (4))—

(a)if proceedings for an appeal against, or an application for a review of, those proceedings or of any decision taken in those proceedings are brought or is made, at the time when proceedings on that appeal or application are finally concluded;

(b)if the proceedings are withdrawn or discontinued, at the time when they are withdrawn or discontinued; and

(c)in any other case, when the court in or before which the proceedings are brought finally disposes of all the matters arising in those proceedings.

(4)Relevant proceedings shall not be taken to be finally concluded by virtue of subsection (3)(a) where—

(a)the matters to which the appeal or application relate are such that the proceedings in respect of which it is brought or made continue or resume after the making of any determination on that appeal or application; or

(b)a determination made on that appeal or application requires those proceedings to continue or to be resumed.

(5)Where, after having appeared to be finally concluded, any relevant proceedings continue by reason of—

(a)the giving of permission to bring an appeal after a fixed time for appealing has expired,

(b)the lifting of any stay in the proceedings,

(c)the setting aside, without an appeal, of any judgment or order, or

(d)the revival of any discontinued proceedings,

sections 39 and 40 and this section shall have effect as if the proceedings had concluded when they appeared to, but as if the giving of permission, the lifting of the stay, the setting aside of the judgment or order or, as the case may be, the revival of the discontinued proceedings were the commencement of new relevant proceedings.

Further provision about intimidation etc.U.K.

42 Police directions stopping the harassment etc of a person in his homeE+W

(1)Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if—

(a)that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;

(b)that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—

(i)that he should not do something that he is entitled or required to do; or

(ii)that he should do something that he is not under any obligation to do;

and

(c)that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)—

(i)amounts to, or is likely to result in, the harassment of the resident; or

(ii)is likely to cause alarm or distress to the resident.

(2)A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following—

(a)the harassment of the resident; or

(b)the causing of any alarm or distress to the resident.

(3)A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.

[F88(4)The requirements that may be imposed by a direction under this section include—

(a)a requirement to leave the vicinity of the premises in question, and

(b)a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;

and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time.]

(5)A direction under this section may make exceptions to any requirement imposed by the direction, and may make any such exception subject to such conditions as the constable giving the direction thinks fit; and those conditions may include—

(a)conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and

(b)conditions as to the number or identity of the persons who are authorised by the exception to remain in the vicinity of those premises.

(6)The power of a constable to give a direction under this section shall not include—

(a)any power to give a direction at any time when there is a more senior-ranking police officer at the scene; or

(b)any power to direct a person to refrain from conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) (right peacefully to picket a work place);

but it shall include power to vary or withdraw a direction previously given under this section.

(7)Any person who knowingly [F89fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b))] shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

[F90(7A)Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—

(a)returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and

(b)does so for the purpose described in subsection (1)(b).

(7B)A person guilty of an offence under subsection (7A) shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(7C)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (7B) to 51 weeks is to be read as a reference to 6 months.]

(8)F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986 (c. 64).

Textual Amendments

[F9242AOffence of harassment etc. of a person in his homeU.K.

(1)A person commits an offence if—

(a)that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;

(b)that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—

(i)that he should not do something that he is entitled or required to do; or

(ii)that he should do something that he is not under any obligation to do;

(c)that person—

(i)intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or

(ii)knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and

(d)the presence of that person—

(i)amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or

(ii)is likely to result in the harassment of, or to cause alarm or distress to, any such person.

(2)A person falls within this subsection if he is—

(a)the resident,

(b)a person in the resident's dwelling, or

(c)a person in another dwelling in the vicinity of the resident's dwelling.

(3)The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present.

(4)For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.

(5)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(6)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

(7)In this section “dwelling” has the same meaning as in Part 1 of the Public Order Act 1986.]

Textual Amendments

43 Malicious communicationsE+W

(1)In subsection (1) of section 1 of the Malicious Communications Act 1988 (c. 27) (offence of sending letters and other articles with intent to cause distress or anxiety)—

(a)in paragraph (a), for “letter or other article” there shall be substituted “ letter, electronic communication or article of any description ”; and

(b)in paragraph (b), for the word “other article” there shall be substituted “ article or electronic communication ”.

(2)In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

(a)in paragraph (a), for “which he believed he had reasonable grounds for making” there shall be substituted “ made by him on reasonable grounds ”; and

(b)in paragraph (b), after “believed” there shall be inserted “ , and had reasonable grounds for believing, ”.

(3)After that subsection there shall be inserted—

“(2A)In this section “electronic communication” includes—

(a)any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 (c. 12)); and

(b)any communication (however sent) that is in electronic form.”

(4)In subsection (3) of that section (definition of “send”)—

(a)after “delivering” there shall be inserted “ or transmitting ”; and

(b)for “or delivered” there shall be substituted “ , delivered or transmitted ”.

(5)In subsection (5) of that section (penalty for offence), for “a fine not exceeding level 4 on the standard scale” there shall be substituted “ imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both ”.

(6)Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.

44 Collective harrassmentE+W

(1)In section 7 of the Protection from Harassment Act 1997 (c. 40) (interpretation of sections 1 to 5), there shall be inserted the following subsection—

“(3A)A person’s conduct on any occasion shall be taken, if aided, abetted, counselled or procured by another—

(a)to be conduct on that occasion of the other (as well as conduct of the person whose conduct it is); and

(b)to be conduct in relation to which the other’s knowledge and purpose, and what he ought to have known, are the same as they were in relation to what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring.”

(2)This section has effect in relation to any aiding, abetting, counselling or procuring that takes place after the coming into force of this section.

F9345 Addresses of directors and secretaries of companiesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93S. 45 repealed (20.1.2007 for specified purposes, 1.10.2009 in so far as not already in force) by Companies Act 2006 (c. 46), s. 1300(2), Sch. 16; S.I. 2006/3428, art. 7(b), Sch. 3 Pt. 1 (with arts. 6 8(2)); S.I. 2008/2860, art. 4, Sch. 1 Pt. 1 (with arts. 7 8 Sch. 2) (which transitional provisions in Sch. 2 are amended (1.10.2009) by S.I. 2009/2476, arts. 1(3), 2(3)(4) and by S.I. 2009/1802, arts. 1, 18, Sch.)

Advertisements relating to prostitutionE+W

46 Placing of advertisement relating to prostitutionE+W

(1)A person commits an offence if—

(a)he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and

(b)he does so with the intention that the advertisement should come to the attention of any other person or persons.

(2)For the purposes of this section, an advertisement is an advertisement relating to prostitution if it—

(a)is for the services of a prostitute, whether male or female; or

(b)indicates that premises are premises at which such services are offered.

(3)In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.

(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.

(5)In this section—

(6)F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

47 Application of section 46 by order to public structuresE+W

(1)The Secretary of State may, by order, provide for section 46 to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.

(2)In this section—

(3)F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The power to make an order under this section is exercisable by statutory instrument.

(5)No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Textual Amendments

Local child curfew schemesE+W

F9648 Extension to older childrenE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9749 Power for police to make schemesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments