NFHiB Law & Legislation

Criminal Justice and Police Act 2001

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Criminal Justice and Police Act 2001 (Extracts)

KEY AREAS:

Offences leading to penalties on the spot
Penalty notices

Part 1

Chapter 1

On the Spot Penalties for Disorderly Behaviour

Offences to which this Chapter applies

1 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 (1) = Description of offence (2)

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 31 of the Fire Services Act 1947 (c.41) =Knowingly giving a false alarm to a fire brigade

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 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 12 of this Act = Consumption of alcohol in designated public place

(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.

Penalty notices and penalties

2 Penalty notices

(1) A constable who has reason to believe that a person aged 18 or over has committed a penalty offence may give him a penalty notice in respect of the offence.

(2) Unless the notice is given in a police station, the constable giving it must be in uniform.

(3) At a police station, a penalty notice may be given only by an authorised constable.

(4) In this Chapter "penalty notice" means a notice offering the opportunity, by paying a penalty in accordance with this Chapter, to discharge any liability to be convicted of the offence to which the notice relates.

(5) "Authorised constable" means a constable authorised, on behalf of the chief officer of police for the area in which the police station is situated, to give penalty notices.

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