Statutory Instruments
2009 No. 2781
Criminal Law, England And Wales
The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009
Made
15th October 2009
Laid before Parliament
19th October 2009
Coming into force
16th November 2009
The Secretary of State, in exercise of the power conferred by section 66C(1) of the Crime and Disorder Act 1998( 1 ), makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009 and comes into force on 16 November 2009.
(2) In this Order—
“the 1968 Act” means the Theft Act 1968 ( 2 );
“the 1971 Act” means the Criminal Damage Act 1971 ( 3 );
“the 1986 Act” means the Public Order Act 1986 ( 4 );
“the 1998 Act” means the Crime and Disorder Act 1998 ;
“the 2006 Act” means the Fraud Act 2006 ( 5 ); and
“excluded offence” means—
Prescribed offences and financial penalties
2. —(1) The offences and the description of offences listed in the Schedules to this Order are prescribed for the purposes of section 66C(1) of the 1998 Act.
(2) Each offence listed in Schedule 1 includes an attempt to commit that offence.
(3) The maximum amount, for the purposes of section 66C(2) of the 1998 Act, in respect of each of the offences or description of offences listed in Schedule 1 to this Order is £75.
(4) The maximum amount, for the purposes of section 66C(2) of the 1998 Act, in respect of each of the offences or description of offences listed in column 1 of Schedule 2 to this Order, is the amount listed in column 2 of that Schedule.
Signed by the authority of the Secretary of State
Maria Eagle
Minister of State
Ministry of Justice
15th October 2009
Article 2(1), (2) and (3)
SCHEDULE 1 Prescribed offences and description of offences (including attempts)
-
Theft contrary to section 1(1) of the 1968 Act
-
Removal of an article from a place open to the public contrary to section 11 of the 1968 Act
-
Abstracting electricity contrary to section 13 of the 1968 Act
-
False accounting contrary to section 17(1)(a) of the 1968 Act
-
Handling stolen goods contrary to section 22(1) of the 1968 Act
-
Going equipped for burglary or theft contrary to section 25 of the 1968 Act
-
Destroying or damaging property contrary to section 1(1) of the 1971 Act
-
Threatening to destroy or damage property contrary to section 2 of the 1971 Act
-
Possessing articles with intent to destroy or damage property contrary to section 3 of the 1971 Act
-
Making off without payment contrary to section 3(1) of the Theft Act 1978 (c. 31)
-
Forgery etc of documents contrary to section 173 of the Road Traffic Act 1988 (c. 52)
-
Forgery or fraudulent use etc of a vehicle licence or trade licence etc contrary to section 44(1) of the Vehicle Excise and Registration Act 1994 (c. 22)
-
Fraud contrary to section 1 of the 2006 Act
-
Possession etc of articles for use in fraud contrary to section 6(1) of the 2006 Act
-
Making, adapting, supplying or offering to supply an article for use in fraud contrary to section 7 of the 2006 Act
-
Obtaining services dishonestly contrary to section 11 of the 2006 Act
Article 2(1) and (4)
SCHEDULE 2 Prescribed offences and description of offences
Column 1 | Column 2 |
---|---|
Causing harassment, alarm or distress contrary to section 5 of the 1986 Act | £50 |
Any summary offence, except an excluded offence, for which a person shall be liable on conviction to a maximum fine of level 5 on the standard scale | £75 |
Any summary offence, except an excluded offence, for which a person shall be liable on conviction to a maximum fine of level 4 on the standard scale | £50 |
Any summary offence for which a person shall be liable on conviction to a maximum fine of level 1, 2 or 3 on the standard scale, other than an excluded offence or causing harassment, alarm or distress contrary to section 5 of the 1986 Act | £30 |