2008 No. 3297
The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008
Made
Laid before Parliament
Coming into force
The Secretary of State makes this Order in exercise of the powers conferred by section 3(1) and (1A) of the Criminal Justice and Police Act 20011:
Citation and commencement1
This Order may be cited as The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2008 and shall come into force on 26 January 2009.
Amount of penalty2
For the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 20022, substitute the Schedule to this Order.
Revocations3
The following Orders are revoked—
a
the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 2) Order 20043;
b
the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 20054.
Signed by authority of the Secretary of State
SCHEDULE
PART 1Offences attracting penalty of £80 for persons aged 16 or over, and £40 for persons under 16
Offence creating provision | Description of offence |
Section 80 of the Explosives Act 18755 | Throwing fireworks in a thoroughfare |
Section 7(1) of the Children and Young Persons Act 19336 | Sale of tobacco etc to persons under 18 years |
Section 5(2) of the Criminal Law Act 19677 | Wasting police time or giving false report |
Section 91 of the Criminal Justice Act 19678 | Disorderly behaviour while drunk in a public place |
Section 1 of the Theft Act 19689 | Theft |
Section 1(1) of the Criminal Damage Act 197110 | Destroying or damaging property |
Section 2 of the Criminal Damage Act 1971 | Threatening to destroy or damage property |
Section 5(2) of the Misuse of Drugs Act 197111 so far as relating to the following-
| Possession of cannabis etc |
Section 3 of the Theft Act 197812 | Making off without payment |
Section 5 of the Public Order Act 198613 | Behaviour likely to cause harassment, alarm or distress |
Section 4 of the Children and Young Persons (Protection from Tobacco) Act 199114 | Failing to display in retail premises and on vending machines a warning notice that it is illegal to sell tobacco products to anyone under the age of 18 years |
Section 167 of the Criminal Justice and Public Order Act 199415 | Touting for hire car services |
Section 3 of the Private Security Industry Act 200116 | Engaging in licensable conduct without or not in accordance with a licence |
Section 9 of the Private Security Industry Act 2001 | Contravening the conditions of a licence |
Section 140 of the Licensing Act 200317 | Allowing disorderly conduct on licensed premises |
Section 141 of the Licensing Act 2003 | Sale of alcohol to a person who is drunk |
Section 142 of the Licensing Act 2003 | Obtaining alcohol for consumption on relevant premises for a person who is drunk |
Section 143 of the Licensing Act 2003 | Failure of person who is drunk or disorderly to leave relevant premises on request |
Section 145 of the Licensing Act 2003 | Allowing unaccompanied children under 16 on certain premises |
Section 146(1) and (3) of the Licensing Act 2003 | Sale of alcohol to persons under 18 |
Section 149(3) and (4) of the Licensing Act 2003 | Purchase of alcohol on behalf of persons under 18 |
Section 151 of the Licensing Act 2003 | Delivery of alcohol to persons under 18 or allowing such delivery |
Section 127(2) of the Communications Act 200318 | Using a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety |
Section 11 of the Fireworks Act 200319 | Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements |
Section 49 of the Fire and Rescue Services Act 200420 | Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority |
PART 2Offences attracting penalty of £50 for persons aged 16 and over, or £30 for persons under 16
Offence creating provision | Description of offence |
|---|---|
Section 12 of the Licensing Act 187221 | Being drunk in a highway, other public place or licensed premises |
Section 2(1) of the Parks Regulation (Amendment) Act 192622, insofar as relating to a failure to comply with or a contravention of the Royal Parks and Other Open Spaces Regulations 199723 | Contravening a prohibition on littering, dog fouling or illegal cycling etc |
Section 55 of the British Transport Commission Act 194924 | Trespassing on a railway |
Section 56 of the British Transport Commission Act 1949 | Throwing stones etc. at trains or other things on railways |
Section 87 of the Environmental Protection Act 199025 | Depositing and leaving litter |
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 made under section 67 of the Transport Act 1962 and confirmed by the Secretary of State for Environment, Transport and the Regions on 19 December 2000 (“the London Regional Transport Byelaws 2000”) so far as relating to a breach of byelaw 3 of those byelaws | Smoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed |
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(1) of those byelaws | Entering or remaining on the railways while intoxicated |
Byelaws 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(2) of those byelaws | Having intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor |
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 6 of those byelaws | Engaging in unacceptable behaviour on the railway |
Section 12 of the Criminal Justice and Police Act 200126 | Consumption of alcohol in designated public place |
Section 149(1) of the Licensing Act 200327 | Purchase of alcohol by persons under 18 on relevant premises |
Section 150 of the Licensing Act 2003 | Consumption of alcohol by a person under 18 on relevant premises or allowing such consumption |
Byelaw 24(1) of the Framework Railway Byelaws made under section 219 of the Transport Act 2000 and confirmed by the Secretary of State for Environment, transport and the Regions on 22 June 2005 (“the Railway Byelaws 2005”) so far as relating to a breach of byelaw 3 of those byelaws | Smoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed |
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 4(1) of those byelaws | Entering or remaining on the railway while intoxicated |
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 4(2) of those byelaws | Having intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor |
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 6 of those byelaws | Engaging in unacceptable behaviour on the railway |
(This note is not part of the Order)