Criminal Justice and Police Act 2001 (c. 16)
(The document as of February, 2008)
Criminal Justice and Police Act 2001
2001 CHAPTER 16
An Act to make provision for combatting crime and disorder; to make provision about the disclosure of information relating to criminal matters and about powers of search and seizure; to amend the Police and Criminal Evidence Act 1984, the Police and Criminal Evidence (Northern Ireland) Order 1989 and the Terrorism Act 2000; to make provision about the police, the National Criminal Intelligence Service and the National Crime Squad; to make provision about the powers of the courts in relation to criminal matters; and for connected purposes.
[11th May 2001]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--
Part 1 Provisions for Combatting Crime and Disorder
Chapter 1 On the Spot Penalties for Disorderly Behaviour
Offences to which this Chapter applies
1 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:
(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.
(4) The power conferred by subsection (2) is exercisable by statutory instrument.
(5) No order shall be made under subsection (2) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
Penalty notices and penalties
2 Penalty notices
(1) A constable who has reason to believe that a person aged 18 or over has committed a penalty offence may give him a penalty notice in respect of the offence.
(2) Unless the notice is given in a police station, the constable giving it must be in uniform.
(3) At a police station, a penalty notice may be given only by an authorised constable.
(4) In this Chapter "penalty notice" means a notice offering the opportunity, by paying a penalty in accordance with this Chapter, to discharge any liability to be convicted of the offence to which the notice relates.
(5) "Authorised constable" means a constable authorised, on behalf of the chief officer of police for the area in which the police station is situated, to give penalty notices.
3 Amount of penalty and form of penalty notice
(1) The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.
(2) But the Secretary of State may not specify an amount which is more than a quarter of the amount of the maximum fine for which a person is liable on conviction of the offence.
(3) A penalty notice must--
(a) be in the prescribed form;
(b) state the alleged offence;
(c) give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;
(d) specify the suspended enforcement period (as to which see section 5) and explain its effect;
(e) state the amount of the penalty;
(f) state the justices' chief executive to whom, and the address at which, the penalty may be paid; and
(g) inform the person to whom it is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised.
(4) "Prescribed" means prescribed by regulations made by the Secretary of State.
(5) The power to make regulations or an order conferred by this section is exercisable by statutory instrument.
(6) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
4 Effect of penalty notice
(1) This section applies if a penalty notice is given to a person ("A") under section 2.
(2) If A asks to be tried for the alleged offence, proceedings may be brought against him.
(3) Such a request must be made by a notice given by A--
(a) in the manner specified in the penalty notice; and
(b) before the end of the period of suspended enforcement (as to which see section 5).
(4) A request which is made in accordance with subsection (3) is referred to in this Chapter as a "request to be tried".
(5) If, by the end of the suspended enforcement period--
(a) the penalty has not been paid in accordance with this Chapter, and
(b) A has not made a request to be tried,
a sum equal to one and a half times the amount of the penalty may be registered under section 8 for enforcement against A as a fine.
5 General restriction on proceedings
(1) Proceedings for the offence to which a penalty notice relates may not be brought until the end of the period of 21 days beginning with the date on which the notice was given ("the suspended enforcement period").
(2) If the penalty is paid before the end of the suspended enforcement period, no proceedings may be brought for the offence.
(3) Subsection (1) does not apply if the person to whom the penalty notice was given has made a request to be tried.
6 Secretary of State's guidance
The Secretary of State may issue guidance--
(a) about the exercise of the discretion given to constables by this Chapter;
(b) about the issuing of penalty notices;
(c) with a view to encouraging good practice in connection with the operation of provisions of this Chapter.
7 Payment of penalty
(1) If a person to whom a penalty notice is given decides to pay the penalty, he must pay it to the justices' chief executive specified in the notice.
(2) Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).
(3) Subsection (4) applies if a person--
(a) claims to have made payment by that method, and
(b) shows that his letter was posted.
(4) Unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.
(5) Subsection (2) is not to be read as preventing the payment of a penalty by other means.
(6) A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the penalty notice.
8 Registration certificates
(1) The chief officer of police may, in respect of any registrable sum, issue a certificate (a "registration certificate") stating that the sum is registrable for enforcement against the defaulter as a fine.
(2) If that officer issues a registration certificate, he must cause it to be sent to the justices' chief executive for the petty sessions area in which the defaulter appears to that officer to reside.
(3) A registration certificate must--
(a) give particulars of the offence to which the penalty notice relates, and
(b) state the name and last known address of the defaulter and the amount of the registrable sum.
(4) "Registrable sum" means a sum that may be registered under this section as a result of section 4(5).
(5) "Defaulter" means the person against whom that sum may be registered.
9 Registration of sums payable in default
(1) If the justices' chief executive for a petty sessions area receives a registration certificate, he must register the registrable sum for enforcement as a fine in that area by entering it in the register of a magistrates' court acting for that area.
(2) But if it appears to him that the defaulter does not reside in that area--
(a) subsection (1) does not apply to him; but
(b) he must cause the certificate to be sent to the person appearing to him to be the appropriate justices' chief executive.
(3) A justices' chief executive registering a sum under this section for enforcement as a fine, must give the defaulter notice of the registration.
(4) The notice must--
(a) specify the amount of the sum registered, and
(b) give the information with respect to the offence, and the authority for registration, which was included in the registration certificate under section 8.
(5) If a sum is registered in a magistrates' court as a result of this section, any enactment referring (in whatever terms) to a fine imposed, or other sum adjudged to be paid, on conviction by such a court applies as if the registered sum were a fine imposed by that court on the conviction of the defaulter on the date on which the sum was registered.
10 Enforcement of fines
(1) In this section--
(2) Subsection (3) applies if, in any proceedings, the defaulter claims that he was not the person to whom the penalty notice concerned was issued.
(3) The court may adjourn the proceedings for a period of not more than 28 days for the purpose of allowing that claim to be investigated.
(4) On the resumption of proceedings that have been adjourned under subsection (3), the court must accept the defaulter's claim unless it is shown, on a balance of probabilities, that he was the recipient of the penalty notice.
(5) The court may set aside a fine in the interests of justice.
(6) If the court does set a fine aside it must--
(a) give such directions for further consideration of the case as it considers appropriate; or
(b) direct that no further action is to be taken in respect of the allegation that gave rise to the penalty notice concerned.
11 Interpretation of Chapter 1
In this Chapter--
Chapter 2 Provisions for combatting alcohol-related disorder
Alcohol consumption in designated public places
12 Alcohol consumption in designated public places
(1) Subsection (2) applies if a constable reasonably believes that a person is, or has been, consuming intoxicating liquor in a designated public place or intends to consume intoxicating liquor in such a place.
(2) The constable may require the person concerned--
(a) not to consume in that place anything which is, or which the constable reasonably believes to be, intoxicating liquor;
(b) to surrender anything in his possession which is, or which the constable reasonably believes to be, intoxicating liquor or a container for such liquor (other than a sealed container).
(3) A constable may dispose of anything surrendered to him under subsection (2) in such manner as he considers appropriate.
(4) A person who fails without reasonable excuse to comply with a requirement imposed on him under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(5) A constable who imposes a requirement on a person under subsection (2) shall inform the person concerned that failing without reasonable excuse to comply with the requirement is an offence.
(6) In section 24(2) of the 1984 Act (offences to which powers of arrest without warrant apply), after paragraph (q) there shall be inserted--
" (qa) an offence under section 12(4) of the Criminal Justice and Police Act 2001. "
13 Designated public places
(1) A place is, subject to section 14, a designated public place if it is--
(a) a public place in the area of a local authority; and
(b) identified in an order made by that authority under subsection (2).
(2) A local authority may for the purposes of subsection (1) by order identify any public place in their area if they are satisfied that--
(a) nuisance or annoyance to members of the public or a section of the public; or
has been associated with the consumption of intoxicating liquor in that place.
(3) The power conferred by subsection (2) includes power--
(a) to identify a place either specifically or by description;
(b) to revoke or amend orders previously made.
(4) The Secretary of State shall by regulations prescribe the procedure to be followed in connection with the making of orders under subsection (2).
(5) Regulations under subsection (4) shall, in particular, include provision requiring local authorities to publicise the making and effect of orders under subsection (2).
(6) Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
14 Places which are not designated public places
(1) A place is not a designated public place or a part of such a place if it is--
(a) licensed premises or a registered club;
(b) a place within the curtilage of any licensed premises or registered club;
(c) a place where the sale of intoxicating liquor is for the time being authorised by an occasional permission or was so authorised within the last twenty minutes;
(d) a place where the sale of intoxicating liquor is not for the time being authorised by an occasional licence but was so authorised within the last twenty minutes;
(e) a place where facilities or activities relating to the sale or consumption of intoxicating liquor are for the time being permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (c. 66) (highway related uses).
(2) In subsection (1)--
15 Effect of sections 12 to 14 on byelaws
(1) Subsections (2) and (3) apply to any byelaw which--
(a) prohibits, by the creation of an offence, the consumption in a particular public place of intoxicating liquor (including any liquor of a similar nature which falls within the byelaw); or
(b) makes any incidental, supplementary or consequential provision (whether relating to the seizure or control of containers or otherwise).
(2) In so far as any byelaw to which this subsection applies would, apart from this subsection, have effect in relation to any designated public place, the byelaw--
(a) shall cease to have effect in relation to that place; or
(b) where it is made after the order under section 13(2), shall not have effect in relation to that place.
(3) In so far as any byelaw made by a local authority and to which this subsection applies still has effect at the end of the period of 5 years beginning with the day on which this subsection comes into force, it shall cease to have effect at the end of that period in relation to any public place.
16 Interpretation of sections 12 to 15
(1) In sections 12 to 15, unless the context otherwise requires--
(2) In sections 12 to 15 "local authority" means--
(a) in relation to England--
(i) a unitary authority;
(ii) a district council so far as they are not a unitary authority;
(b) in relation to Wales, a county council or a county borough council.
(3) In subsection (2) "unitary authority" means--
(a) the council of a county so far as they are the council for an area for which there are no district councils;
(b) the council of any district comprised in an area for which there is no county council;
(c) a London borough council;
(d) the Common Council of the City of London in its capacity as a local authority;
(e) the Council of the Isles of Scilly.
Closure of certain licensed premises
17 Closure of certain licensed premises due to disorder or disturbance
In Part 13 of the Licensing Act 1964 (c. 26) (miscellaneous) before section 180 there shall be inserted--
" Closure of certain licensed premises due to disorder or disturbance.
179A Closure order
(1) A senior police officer may make a closure order in relation to relevant licensed premises if he reasonably believes that--
(a) there is likely to be disorder on, or in the vicinity of and related to, the premises and the closure of the premises is necessary in the interests of public safety;
(b) there is disorder on, or in the vicinity of and related to, the premises and the closure of the premises is necessary in the interests of public safety; or
(c) a disturbance is being caused to the public by excessive noise emitted from the premises and the closure of the premises is necessary to prevent the disturbance.
(2) In this section and sections 179B to 179K of this Act--
(3) In determining whether to make a closure order the senior police officer shall consider, in particular, any conduct of the holder of the justices' licence for the premises or the manager of the premises in relation to the disorder or disturbance.
(4) A closure order shall--
(a) specify the premises which are to be closed;
(b) specify the period for which the premises are to be closed;
(c) specify the grounds for the making of the order; and
(d) state the effect of sections 179B to 179E of this Act.
(5) A closure order shall come into force as soon as notice of the order is given by a constable to--
(a) the holder of the justices' licence for the premises; or
(b) a manager of the premises.
(6) A person who, without reasonable excuse, permits relevant licensed premises to be open in contravention of a closure order or any extension of it shall be guilty of an offence and shall be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months or to both.
179B Consideration of closure order by certain justices
(1) The responsible senior police officer shall, as soon as reasonably practicable after the coming into force of a closure order, apply to relevant justices for them to consider under this section the order and any extension of it.
(2) The relevant justices shall, as soon as reasonably practicable, consider whether to exercise their powers under subsection (3) of this section in relation to the order and any extension of it.
(3) The relevant justices may--
(a) revoke the order and any extension of it if the order or extension is still in force;
(b) order the relevant licensed premises to remain, or to be, closed until the matter is dealt with by an order of licensing justices at the next licensing sessions;
(c) make any other order as they think fit in relation to the premises.
(4) In determining whether the premises will be, or will remain, closed the relevant justices shall, in particular, consider whether--
(a) in the case of an order made by virtue of section 179A(1)(a) or (b) of this Act, closure is necessary in the interests of public safety because of disorder or likely disorder on the premises or in the vicinity of, and related to, the premises;
(b) in the case of an order made by virtue of section 179A(1)(c) of this Act, closure is necessary to ensure that no disturbance is, or is likely to be, caused to the public by excessive noise emitted from the premises.
(5) A person who, without reasonable excuse, permits relevant licensed premises to be open in contravention of an order made under subsection (3)(b) of this section shall be guilty of an offence and shall be liable to a fine not exceeding £20,000 or to imprisonment for a term not exceeding three months or to both.
(6) A person who, without reasonable excuse, fails to comply with, or does an act in contravention of, an order made under subsection (3)(c) of this section shall be guilty of an offence and shall be liable to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
(7) In this section and sections 179C to 179K of this Act "relevant justices" means--
(a) licensing justices for the licensing district in which the premises are situated; or
(b) if no such justices are available within a reasonable time, justices of the peace acting for the petty sessions area in which the premises are situated.