Criminal Justice and Police Act 2001

Penalty notices and penalties E+W

2 Penalty notices E+W

(1) A constable who has reason to believe that a person aged [F1 10] or over has committed a penalty offence may give him a penalty notice in respect of the offence.

(2) Unless the notice is given in a police station, the constable giving it must be in uniform.

(3) At a police station, a penalty notice may be given only by an authorised constable.

(4) In this Chapter “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.

(5) “Authorised constable” means a constable authorised, on behalf of the chief officer of police for the area in which the police station is situated, to give penalty notices.

[F2 (6) The Secretary of State may by order—

(a) amend subsection (1) by substituting for the age for the time being specified in that subsection a different age which is not lower than 10, and

(b) if that different age is lower than 16, make provision as follows—

(i) where a person whose age is lower than 16 is given a penalty notice, for a parent or guardian of that person to be notified of the giving of the notice, and

(ii) for that parent or guardian to be liable to pay the penalty under the notice.

(7) The provision which may be made by virtue of subsection (6)(b) includes provision amending, or applying (with or without modifications), this Chapter or any other enactment (whenever passed or made).

(8) The power conferred by subsection (6) is exercisable by statutory instrument.

(9) No order shall be made under subsection (6) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Word in s. 2(1) substituted (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 2

F2 S. 2(6)-(9) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 87(3), 93; S.I. 2003/3300, art. 2(f)(iii)

3 Amount of penalty and form of penalty notice E+W

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

[F3 (1A) The Secretary of State may specify different amounts for persons of different ages.]

(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 [F4 summary] conviction of the offence.

(3) A penalty notice must—

(a) be in the prescribed form;

(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 [F5 designated 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.

(4) “Prescribed” means prescribed by regulations made by the Secretary of State.

(5) The power to make regulations or an order conferred by this section is exercisable by statutory instrument.

(6) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 S. 3(1A) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 87(4), 93; S.I. 2003/3300, art. 2(f)(iii)

F4 Word in s. 3(2) inserted (1.11.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(4), 3

F5 Words 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 notice E+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) 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.

5 General restriction on proceedings E+W

(1) Proceedings for the offence to which a penalty notice relates may not be brought until the end of 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.

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

6 Secretary of State’s guidance E+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;

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