Criminal Justice and Police Act 2001

Part 1 — Provisions for Combatting Crime and Disorder

Chapter 1 — On the Spot Penalties for Disorderly Behaviour

Offences to which this Chapter applies

Offences leading to penalties on the spot

1

• (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
. . .	. . .
Section 2(1) of the Parks Regulation (Amendment) Act 1926 so far as it creates an offence against the Parks Regulation Act 1872 relating to any of the following provisions of the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639)—	Failing to comply with, or contravening, those Regulations by—
(a) regulation 3(3)	dropping or leaving litter or refuse except in a receptacle provided for the purpose
(b) regulation 3(4)	using a pedal cycle, a roller blade etc except on a Park road or in a designated area
(c) regulation 3(6)	failing to remove immediately any faeces deposited by an animal of which that person is in charge
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 169A of the Licensing Act 1964 (c. 26)	Sale of alcohol to a person under 18
Section 169C(1)of the Licensing Act 1964 (c. 26)	Buying or attempting to buy alcohol by a person under 18
Section 169C(2) . . . of the Licensing Act 1964 (c.26)	Buying or attempting to buy alcohol for . . . a person under 18
Section 169E of the Licensing Act 1964 (c. 26)	Consumption of alcohol by a person under 18 or allowing such consumption
Section 169F of the Licensing Act 1964 (c. 26)	Delivery of alcohol to a person under 18 or allowing such delivery
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
Section 1 of the Theft Act 1968 (c. 60)	Theft
Section 1(1) of the Criminal Damage Act 1971 (c. 48)	Destroying or damaging property
Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following-cannabinol,cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act),cannabis or cannabis resin (within the meaning of that Act),any stereoisomeric form of a substance specified in any of paragraphs (a) to (c),any ester or ether of a substance specified in paragraph (a) or (b),any salt of a substance specified in paragraphs (a) to (e),any preparation or other product containing a substance or product specified in any of paragraphs (a) to (f), not being a preparation falling within paragraph 6 of Part 1 of Schedule 2 to that Act.	Possession of cannabis etc
Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following—(a) khat (within the meaning given by Part 4 of Schedule 2 to that Act), or(b) any preparation or other product containing khat.	Possession of khat or any preparation or other product containing khat
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
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
Section 127(2) of the Communications Act 2003	Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety
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
Section 49 of the Fire and Rescue Services Act 2004 (c. 21)	Knowingly giving a false alarm of fire
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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty notices and penalties

Use of video links for proceedings about Terrorism Act detention

2

• (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.

• (1A) If the offence mentioned in subsection (1) is a relevant penalty offence, the constable may give the person a penalty notice with an education option.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this Chapter —

“approved educational course” means an educational course run as part of an educational course scheme established by—

• (a) in the case of a notice given by a constable of the British Transport Police Force, the Chief Constable of that force, and

• (b) in any other case, the chief officer of police for the area in which the notice is given;

“educational course scheme” means a scheme established by a chief officer of police under section 2A;

“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 ;

“penalty notice with an education option” means a penalty notice that also offers the opportunity to discharge any liability to be convicted of the offence to which the notice relates by—

• (a) completing an approved educational course, and

• (b) paying the course fee;

• (4A) In this section, “relevant penalty offence” means a penalty offence in relation to which there is an approved educational course.

• (4B) The Secretary of State may by regulations make provision about the revocation of penalty notices.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to apply 1984 Act provisions

3

• (1) The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence plus a half of the relevant surcharge.

• (2A) The “relevant surcharge”, in relation to a person of a given age, is the amount payable by way of surcharge under section 42 of the Sentencing Code by a person of that age who is fined the maximum amount for the offence.

• (3) A penalty notice must—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) state the alleged offence;

• (c) give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;

• (d) specify the suspended enforcement period (as to which see section 5) and explain its effect;

• (e) state the amount of the penalty;

• (f) state the designated officer for a local justice area to whom, and the address at which, the penalty may be paid; and

• (g) inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.

• (3A) The Secretary of State may by regulations require information in addition to that mentioned in subsection (3) to be included in, or to be provided with, a penalty notice with an education option.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of penalty notice

4

• (1) This section applies if a penalty notice is given to a person (“A”) under section 2.

• (2) If A asks to be tried for the alleged offence, proceedings may be brought against him.

• (3) Such a request must be made by a notice given by A—

• (a) in the manner specified in the penalty notice; and

• (b) before the end of the period of suspended enforcement (as to which see section 5).

• (4) A request which is made in accordance with subsection (3) is referred to in this Chapter as a “request to be tried”.

• (5) In the case of a penalty notice that is not a penalty notice with an education option, if, by the end of the suspended enforcement period—

• (a) the penalty has not been paid in accordance with this Chapter, and

• (b) A has not made a request to be tried,

a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine.

• (6) In the case of a penalty notice with an education option, a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine if subsection (7) or (8) applies.

• (7) This subsection applies if, by the end of the suspended enforcement period, A does not—

• (a) ask to attend an approved educational course relating to the offence to which the notice relates,

• (b) pay the penalty, or

• (c) request to be tried.

• (8) This subsection applies if—

• (a) A has asked, by the end of the suspended enforcement period, to attend an approved educational course of the kind mentioned in subsection (7)(a), and

• (b) A does not, in accordance with regulations made under subsection (9)—

• (i) pay the course fee,

• (ii) start such a course, or

• (iii) complete such a course.

• (9) The Secretary of State may by regulations make provision—

• (a) as to the time by which A is required to do each of the things mentioned in subsection (8)(b)(i) to (iii) (including provision allowing those times to be specified by a chief officer of police for the purposes of an educational course scheme established by that officer);

• (b) allowing A to request an extension of the time to do the things mentioned in subsection (8)(b)(i) to (iii) (including provision as to who should determine such a request and on what basis);

• (c) as to the procedure to be followed in relation to requests for extensions of time (including provision allowing the procedure to be determined by a chief officer of police for the purposes of an educational course scheme established by that officer);

• (d) as to the consequences of a request for an extension of time being granted (including provision specifying circumstances in which a chief officer of police may require a course fee to be paid again in order to avoid a sum being registered for enforcement as a fine under section 8);

• (e) as to the consequences of A failing to attend a course that A has arranged to attend (including provision as to who should determine what those consequences are and on what basis);

• (f) specifying circumstances in which A is, for the purposes of this Chapter, to be regarded as having completed, or having not completed, an approved educational course (including provision as to who should determine whether those circumstances have arisen and how that should be determined).

• (10) Regulations made under subsection (9)(b), (e) or (f) may permit a person to delegate the function of making a determination.

Dogs (Northern Ireland) Order 1983 (S.I. 1983 764 (N.I. 8))

5

• (1) Proceedings for the offence to which a penalty notice relates may not be brought during the period of 21 days beginning with the date on which the notice was given (“the suspended enforcement period”).

• (2) If the penalty is paid before the end of the suspended enforcement period, no proceedings may be brought for the offence.

• (2A) Proceedings for an offence to which a penalty notice with an education option relates may not be brought against a person who has, by the end of the suspended enforcement period, asked to attend an approved educational course relating to the offence, unless section 4(8) applies.

• (2B) If the person to whom a penalty notice with an education option is given—

• (a) completes, in accordance with regulations made under section 4(9), an approved educational course relating to the offence to which the notice relates, and

• (b) pays the course fee in accordance with those regulations,

no proceedings may be brought for the offence.

• (3) Subsection (1) does not apply if the person to whom the penalty notice was given has made a request to be tried.

Local Government Act 1972 (c. 70)

6

The Secretary of State may issue guidance—

• (a) about the exercise of the discretion given to constables by this Chapter;

• (b) about the issuing of penalty notices;

• (ba) about educational course schemes;

• (c) with a view to encouraging good practice in connection with the operation of provisions of this Chapter.

Procedure

Local Authorities (Goods and Services) Act 1970 (c. 39)

7

• (1) If a person to whom a penalty notice is given decides to pay the penalty, he must pay it to the designated officer specified in the notice.

• (2) Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

• (3) Subsection (4) applies if a person—

• (a) claims to have made payment by that method, and

• (b) shows that his letter was posted.

• (4) Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

• (5) Subsection (2) is not to be read as preventing the payment of a penalty by other means.

• (6) A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the penalty notice.

Registration certificates

8

• (1) The chief officer of police may, in respect of any registrable sum, issue a certificate (a “registration certificate”) stating that the sum is registrable for enforcement against the defaulter as a fine.

• (2) If that officer issues a registration certificate, he must cause it to be sent to the designated officer for the local justice area in which the defaulter appears to that officer to reside.

• (3) A registration certificate must—

• (a) give particulars of the offence to which the penalty notice relates, and

• (b) state the name and last known address of the defaulter and the amount of the registrable sum.

• (4) “Registrable sum” means a sum that may be registered under this section as a result of section 4(5) or (6).

• (5) “Defaulter” means the person against whom that sum may be registered.

Housing Act 1988 (c. 50)

9

• (1) If the designated officer for a local justice area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates’ court acting for that area.

• (2) But if it appears to him that the defaulter does not reside in that area—

• (a) subsection (1) does not apply to him; but

• (b) he must cause the certificate to be sent to the person appearing to him to be the designated officer for the local justice area in which the defaulter resides .

• (3) A designated officer registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration.

• (4) The notice must—

• (a) specify the amount of the sum registered, and

• (b) give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 8.

• (5) If a sum is registered in a magistrates’ court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered.

Enforcement of fines

10