Part 1 Provisions for Combatting Crime and Disorder

C1C2Chapter 1 On the Spot Penalties for Disorderly Behaviour

Annotations:
Modifications etc. (not altering text)

Offences to which this Chapter applies

I11 Offences leading to penalties on the spot

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 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

F1. . .

F1. . .

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

F2Section 169A of the Licensing Act 1964 (c. 26)

Sale of alcohol to a person under 18

F3Section 169C(1) of the Licensing Act 1964 (c. 26)

Buying or attempting to buy alcohol by a person under 18

Section F4 169C(2) and (3) of the Licensing Act 1964 (c.26)

Buying or attempting to buy alcohol for F5. . . a person under 18

F6Section 169E of the Licensing Act 1964 (c. 26)

Consumption of alcohol by a person under 18 or allowing such consumption

F7Section 169F of the Licensing Act 1964 (c. 26)

Delivery of alcohol to a person under 18 or allowing such delivery

F8Section 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

F9Section 1 of the Theft Act 1968 (c. 60)

Theft

F10Section 1(1) of the Criminal Damage Act 1971 (c. 48)

Destroying or damaging property

F11Section 43(1)(b) of the Telecommunications Act 1984 (c.12)

F11Using public telecommunications system for sending message known to be false in order to cause annoyance

F12Section 5 of the Public Order Act 1986 (c.64)

Behaviour likely to cause harassment, alarm or distress

F13Section 87 of the Environmental Protection Act 1990 (c. 43)

Depositing and leaving litter

Section 12 of this Act

Consumption of alcohol in designated public place

F14Section 127(2) of the Communications Act 2003

Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety

F15Section 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

F16Section 49 of the Fire and Rescue Services Act 2004 (c. 21)

Knowingly giving a false alarm of fire

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.

4

The power conferred by subsection (2) is exercisable by statutory instrument.

5

No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.