Part 1 Provisions for Combatting Crime and Disorder

C1C2Chapter 1 On the Spot Penalties for Disorderly Behaviour

Annotations:
Modifications etc. (not altering text)

Offences to which this Chapter applies

I11 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

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. . .

F20Section 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

F2Section 169A of the Licensing Act 1964 (c. 26)

Sale of alcohol to a person under 18

F3Section 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

F7Section 169E of the Licensing Act 1964 (c. 26)

Consumption of alcohol by a person under 18 or allowing such consumption

F8Section 169F of the Licensing Act 1964 (c. 26)

Delivery of alcohol to a person under 18 or allowing such delivery

F9Section 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

F10Section 1 of the Theft Act 1968 (c. 60)

Theft

F11Section 1(1) of the Criminal Damage Act 1971 (c. 48)

Destroying or damaging property

F19Section 5(2) of the Misuse of Drugs Act 1971 so far as relating to the following-

  1. a

    cannabinol,

  2. b

    cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act),

  3. c

    cannabis or cannabis resin (within the meaning of that Act),

  4. d

    any stereoisomeric form of a substance specified in any of paragraphs (a) to (c),

  5. e

    any ester or ether of a substance specified in paragraph (a) or (b),

  6. f

    any salt of a substance specified in paragraphs (a) to (e),

  7. g

    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

F22Section 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

F12Section 43(1)(b) of the Telecommunications Act 1984 (c.12)

F12Using public telecommunications system for sending message known to be false in order to cause annoyance

F13Section 5 of the Public Order Act 1986 (c.64)

Behaviour likely to cause harassment, alarm or distress

F14Section 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

F15Section 127(2) of the Communications Act 2003

Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety

F16Section 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

F17Section 49 of the Fire and Rescue Services Act 2004 (c. 21)

Knowingly giving a false alarm of fire

F18Section 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.

F214

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F215

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