Criminal Justice and Police Act 2001 (c. 16)

Part 1 U.K. Provisions for Combatting Crime and Disorder

Chapter 1 E+W On the Spot Penalties for Disorderly Behaviour

Modifications etc. (not altering text)

C1 Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d)

C2 Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I. 2004/3166), art. 6

Offences to which this Chapter applies E+W

1 Offences leading to penalties on the spot E+W

(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
[F2 Section 169A of the Licensing Act 1964 (c. 26)	Sale of alcohol to a person under 18]
[F3 Section 169C(1)of the Licensing Act 1964 (c. 26)	Buying or attempting to buy alcohol by a person under 18]
Section [F4 169C(2) F5 . . . ] of the Licensing Act 1964 (c.26)	Buying or attempting to buy alcohol for F6 . . . a person under 18
[F7 Section 169E of the Licensing Act 1964 (c. 26)	Consumption of alcohol by a person under 18 or allowing such consumption]
[F8 Section 169F of the Licensing Act 1964 (c. 26)	Delivery of alcohol to a person under 18 or allowing such delivery]
[F9 Section 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
[F10 Section 1 of the Theft Act 1968 (c. 60)	Theft]
[F11 Section 1(1) of the Criminal Damage Act 1971 (c. 48)	Destroying or damaging property]
[F12 Section 43(1)(b) of the Telecommunications Act 1984 (c.12)]	[F12 Using public telecommunications system for sending message known to be false in order to cause annoyance]
[F13 Section 5 of the Public Order Act 1986 (c.64)	Behaviour likely to cause harassment, alarm or distress]
[F14 Section 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
[F15 Section 127(2) of the Communications Act 2003	Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety]
[F16 Section 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]
[F17 Section 49 of the Fire and Rescue Services Act 2004 (c. 21)	Knowingly giving a false alarm of fire]
[F18 Section 149(4) of the Licensing Act 2003	Buying or attempting to buy alcohol for consumption on licensed premises, etc. by child]

(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.

Textual Amendments

F1 S. 1(1) table: entry repealed (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 54, Sch. 1 para. 97(2), Sch. 2; S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F2 S. 1(1) table: entry 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), 2(2)

F3 S. 1(1) table: entry inserted (4.4.2005) by The Criminal Justice and Police Act 2001 (Amendment) Order 2005 (S.I. 2005/1090), art. 2(2)

F4 S. 1(1) table: words in entry substituted (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), 2(3)(a)

F5 S. 1(1) table: entry relating to s. 169C(3) of Licensing Act 1964 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

F6 S. 1(1) table: words in entry omitted (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), 2(3)(b)

F7 S. 1(1) table: entry 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), 2(4)

F8 S. 1(1) table: entry 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), 2(4)

F9 S. 1(1) table: entry inserted (4.4.2005) by The Criminal Justice and Police Act 2001 (Amendment) Order 2005 (S.I. 2005/1090), art. 2(3)

F10 S. 1(1) table: entry 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), 2(5)

F11 S. 1(1) table: entry 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), 2(5)

F12 S. 1(1) table: entry repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 19(1) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F13 S. 1(1) table: entry inserted (22.7.2002) by The Criminal Justice and Police Act 2001 (Amendment) Order 2002 (S.I. 2002/1934), art. 2

F14 S. 1(1) table: entry 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), 2(6)

F15 S. 1(1) table: entry in table inserted (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 169 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F16 S. 1(1) table: entry inserted (11.10.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(3), 2(7)

F17 S. 1(1) table: entry added (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, Sch. 1 para. 97(3); S.I. 2004/2304, art. 2 (subject to art. 3); S.I. 2004/2917, art. 2

F18 S. 1(1) table: entry inserted (24.11.2005) by Licensing Act 2003 (c. 17), ss. 198, 201, Sch. 6 para. 120 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2)

Commencement Information

I1 S. 1 wholly in force at 12.8.2002; s. 1 not in force at Royal Assent see s. 138; s. 1 in force for certain purposes at 1.3.2002 by S.I. 2002/344, art. 2; s. 1 in force at 12.8.2002 in so far as not already in force by S.I. 2002/2050, art. 2