The Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002

Statutory Instruments

2002 No. 1837

CRIMINAL LAW, ENGLAND AND WALES

The Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002

Made

16th July 2002

Laid before Parliament

17th July 2002

Coming into force

8th August 2002

The Secretary of State, in exercise of the powers conferred upon him by section 3(1) of the Criminal Justice and Police Act 2001(1), hereby makes the following Order:

1.  This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 and shall come into force on 8th August 2002.

2.  The amount of the penalty payable in respect of a penalty offence(2) is—

(a) in the case of an offence falling under Part I of the Schedule to this Order, £80; or

(b) in the case of an offence falling under Part II of that Schedule, £40.

John Denham

Minister of State

Home Office

16th July 2002

Article 2

SCHEDULE

PART I OFFENCES ATTRACTING £80 PENALTY

Offence creating provision	Description of offence
Section 31 of the Fire Services Act 1947 (c. 41)	Knowingly giving a false alarm to a fire brigade
Section 5(2) of the Criminal Law Act 1967 (c. 58)	Wasting police time or giving false report
Section 43(1)(b) of the Telecommunications Act 1984 (c. 12)	Using public telecommunications system for sending message known to be false in order to cause annoyance
Section 5 of the Public Order Act 1986 (c. 64)	Behaviour likely to cause harassment, alarm or distress

PART II OFFENCES ATTRACTING £40 PENALTY

Offence creating provision	Description 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
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
Section 169C(3) of the Licensing Act 1964 (c. 26)	Buying or attempting to buy alcohol for consumption in a bar in licensed premises by a person under 18
Section 91 of the Criminal Justice Act 1967 (c. 80)	Disorderly behaviour while drunk in a public place
Section 12 of the Criminal Justice and Police Act 2001 (c. 16)	Consumption of alcohol in designated public place

Explanatory Note

(This note is not part of the Order)

This Order specifies the amount of penalty payable in respect of a penalty offence, in accordance with section 3 of the Criminal Justice and Police Act 2001 (c. 16). “Penalty offence” is defined in section 1 of that Act.

(1)

2001 c. 16.

(2)

“Penalty offence” is defined in section 1(1) of the Criminal Justice and Police Act 2001.