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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. —(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—

(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. —(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)

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
( 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)
Version from: original only

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
excluded offence art. 1. def_0b4e781616
the 1968 Act art. 1. def_467029384e
the 1971 Act art. 1. def_9aeb473294
the 1986 Act art. 1. def_30fe3fd982
the 1998 Act art. 1. def_0964167fdb
the 2006 Act art. 1. def_f72c453072

Status of changes to instrument text

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