Statutory Instruments
2004 No. 3167
CRIMINAL LAW (ENGLAND AND WALES)
The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 3) Order 2004
Made
2nd December 2004
Laid before Parliament
3rd December 2004
Coming into force
26th December 2004
The Secretary of State, in exercise of the powers conferred upon him by section 3(1) and (1A) of the Criminal Justice and Police Act 2001( 1 ) hereby makes the following Order:
1. This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 3) Order 2004 and shall come into force on the twenty fourth day after the day on which it is made.
2. —(1)The Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002( 2 ) is amended as follows.
(2) In article 2, after “a penalty offence” there is inserted “by a person aged 16 or over at the time he committed the penalty offence”.
(3) After article 2, there is inserted –
“ 3. The amount of the penalty payable in respect of a penalty offence by a person aged under 16 at the time he committed the penalty offence is –
(a) in the case of an offence falling under Part I of the Schedule to this Order, £40, or
(b) in the case of an offence falling under Part II of the Schedule to this Order, £30. ” .
(4) For the heading to Part I of the Schedule there is substituted “OFFENCES ATTRACTING PENALTY OF £80 FOR PERSONS 16 AND OVER, OR £40 FOR PERSONS UNDER 16”.
(5) For the heading to Part II of the Schedule there is substituted “OFFENCES ATTRACTING PENALTY OF £40 FOR PERSONS 16 AND OVER, OR £30 FOR PERSONS UNDER 16”.
(6) For “Section 168E of the Licensing Act 1964 (c. 26) ” in Part II of the Schedule there is substituted “Section 169E of the Licensing Act 1964 (c. 26) ”.
Scotland of Asthal Q.C.
Minister of State
Home Office
2nd December 2004
2001 c. 16 . Section 3(1A) is inserted by section 87(4) of the Anti-social Behaviour Act 2003 (c. 38) .