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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. β€”(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 Orderβ€”

β€œthe 1968 Act” means the Theft Act 1968( 2 );

β€œthe 1971 Act” means the Criminal Damage Act 1971( 3 );

β€œthe 1986 Act” means the Public Order Act 1986( 4 );

β€œthe 1998 Act” means the Crime and Disorder Act 1998;

β€œthe 2006 Act” means the Fraud Act 2006( 5 ); and

β€œexcluded offence” meansβ€”

(i)

loitering or soliciting for the purposes of prostitution contrary to section 1 of the Street Offences Act 1959( 6 );

(ii)

any offence under the Road Traffic Act 1988( 7 ); or

(iii)

any offence under the Road Traffic Offenders Act 1988( 8 ).

Prescribed offences and financial penalties

2. β€”(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 Β£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)

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 Β£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 Β£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 Β£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 Β£30
( 1 )

1998 c.37 . Section 66C was inserted by section 48 of, and paragraph 3 of Schedule 9 to, the Criminal Justice and Immigration Act 2008 (c.4) .

( 2 )

1968 c.60 .

( 3 )

1971 c.48 .

( 4 )

1986 c.64 .

( 5 )

2006 c.35 .

( 6 )

1959 c.57 .

( 7 )

1988 c.52 .

( 8 )

1988 c.53 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009 (2009/2781)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
excluded offenceart. 1.excluded_o_rturG6v
the 1968 Actart. 1.the_1968_A_rtaza3E
the 1971 Actart. 1.the_1971_A_rtLGRnY
the 1986 Actart. 1.the_1986_A_rtZmEtm
the 1998 Actart. 1.the_1998_A_rtLQgtT
the 2006 Actart. 1.the_2006_A_rtz1ve8
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009 2009Β No. 2781 Order revoked The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2013 2013Β No. 608 art. 3 Not yet

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.