Part 1 Provisions for Combatting Crime and Disorder

C1C2Chapter 1 On the Spot Penalties for Disorderly Behaviour

Annotations:
Modifications etc. (not altering text)

Penalty notices and penalties

3 Amount of penalty and form of penalty notice

1

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

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 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 justices’ chief executive 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.