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

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

Offences to which this Chapter appliesE+W

1 Offences leading to penalties on the spotE+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 provisionDescription 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 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
[F1Section 5 of the Public Order Act 1986 (c.64)Behaviour likely to cause harassment, alarm or distress]
Section 12 of this ActConsumption 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.

Textual Amendments

Commencement Information

I1S. 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

Penalty notices and penaltiesE+W

3 Amount of penalty and form of penalty noticeE+W

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

(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 conviction of the offence.

(3)A penalty notice must—

(a)be in the prescribed form;

(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 justices’ chief executive 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.

(4)Prescribed” means prescribed by regulations made by the Secretary of State.

(5)The power to make regulations or an order conferred by this section is exercisable by statutory instrument.

(6)Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Valid from 12/08/2002

ProcedureE+W

7 Payment of penaltyE+W

(1)If a person to whom a penalty notice is given decides to pay the penalty, he must pay it to the justices’ chief executive 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.

8 Registration certificatesE+W

(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 justices’ chief executive for the petty sessions 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).

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

9 Registration of sums payable in defaultE+W

(1)If the justices’ chief executive for a petty sessions 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 appropriate justices’ chief executive.

(3)A justices’ chief executive 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.

10 Enforcement of finesE+W

(1)In this section—

  • fine” means a sum which is enforceable as a fine as a result of section 9; and

  • proceedings” means proceedings for enforcing a fine.

(2)Subsection (3) applies if, in any proceedings, the defaulter claims that he was not the person to whom the penalty notice concerned was issued.

(3)The court may adjourn the proceedings for a period of not more than 28 days for the purpose of allowing that claim to be investigated.

(4)On the resumption of proceedings that have been adjourned under subsection (3), the court must accept the defaulter’s claim unless it is shown, on a balance of probabilities, that he was the recipient of the penalty notice.

(5)The court may set aside a fine in the interests of justice.

(6)If the court does set a fine aside it must—

(a)give such directions for further consideration of the case as it considers appropriate; or

(b)direct that no further action is to be taken in respect of the allegation that gave rise to the penalty notice concerned.