Criminal Justice and Police Act 2001

3 Amount of penalty and form of penalty noticeE+W
This section has no associated Explanatory Notes

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

F1(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 [F2summary] conviction of the offence [F3plus a half of the relevant surcharge].

[F4(2A)The “relevant surcharge”, in relation to a person of a given age, is the amount payable by way of surcharge under [F5section 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—

F6(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 [F7designated 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.

[F8(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.]

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Words 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