Operational Policing

List of offences with a penalty of £80 for 16 year olds and over (£40 for 10-15 year olds):

• Wasting police time or giving a false report, S5, Criminal Law Act 1967
• Use of a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety, S127(2), Communications Act 2003
• Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority, S49, Fire and Rescue Services Act 2004
• Using threatening words or behaviour likely to cause alarm, harassment or distress under section 5 of the Public Order Act 1986
• Throwing fireworks in a thoroughfare, S80, Explosives Act 1975
•  Disorderly behaviour while drunk in a public place, S91, Criminal Justice Act 1967
• Sale of alcohol anywhere to a person aged under 18, S146(1), Licensing Act 2003
• Supply of alcohol by or on behalf of a club to a person aged under18, S146(3), Licensing Act 2003
• Buys or attempts to buy alcohol on behalf of a person aged under 18, S149(3), Licensing Act 2003
• Buys or attempts to buy alcohol for consumption on relevant premises by a person aged under 18, S149(4), Licensing Act 2003
• Delivery of alcohol to a person aged under 18 or allowing such delivery, S151, Licensing Act 2003 
• Sells or attempts to sell alcohol to a person who is drunk, S141, Licensing Act 2003
• Destroying or damaging property (under £500), S1(1), Criminal Damage Act 1971
• Theft (retail under £200), S1, Theft Act 1968
• Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; breach of fireworks curfew, Fireworks Regulations 2004 under S11, Fireworks Act 2003
• Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; possession of a category 4 firework, Fireworks Regulations 2004 under S11, Fireworks Act 2003
• Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; possession by a person under 18 of an adult firework, Fireworks Regulations 2004 under S11, Fireworks Act 2003

List of Offences with a penalty of £50 for 16 year olds and over (£30 for 10-15 year olds):

• Being drunk in a highway, other public place or licensed premises, S12, Licensing Act 1872
• Depositing and leaving litter, S87(1) and (5), Environmental Protection Act 1990
• Trespassing on a railway, S55, British Transport Commission Act 1949
• Throwing stones, etc. at trains or other things on railways, S56, British Transport Commission Act 1949
• Consumption of alcohol by a person aged under 18 on relevant premises, S150(1), Licensing Act 2003
• Allowing consumption of alcohol by a person aged under 18 on relevant premises, S150(2), Licensing Act 2003
• Consumption of alcohol in designated public place, S12, Criminal Justice and Police Act 2001
• Buying or attempting to buy alcohol by a person aged under 18, S149(1), Licensing Act 2003

The £30 and £40 penalties set for 10 -15 year olds were set to fall in line with the usual levels of fines that courts issue to that particular age group.

No. Receipt of a penalty notice offers the recipient the opportunity to discharge their liability to conviction for the offence to which the notice relates or to request a court hearing. Payment of a penalty involves neither a finding nor an acceptance of guilt and removes the possibility of being proceeded against or gaining a record of criminal conviction for the offence for which the notice was issued.

A hearing is convened and a summons issued to the recipient of the notice as if a charge had been laid. Only the recipient of the penalty notice can make the choice to go to court or make the payment. For 10-15 year olds, while it would be the parent/legal guardian who is expected to pay the penalty if this option is chosen, it is only the actual recipient of the penalty notice for disorder who can make the decision to go to court or not.

If found guilty the recipient of a notice may be subject to the maximum penalty allowed for that offence in law. They will receive a criminal conviction, which may be subject to public disclosure, and they may be ordered to pay costs.

Normal procedure will be for the penalty to be registered as a fine at one and half times the value of the penalty to be enforced by the courts in the normal way. However, in exceptional circumstances, the police may seek to bring a prosecution for the original offence. The parents or legal guardians of a 10–15 year old are liable for the penalty if it is registered as a fine.

The Criminal Justice & Police Act 2001 provides that the recipient of a notice must choose to either pay their penalty or request a hearing within 21 days of the date of issue.

The penalty notice for disorder scheme was introduced for person aged 18 or over. But it was extended to 16 and 17 year olds from 20 January 2004. The scheme was further extended to 10-15 year olds in legislation passed in September 2004. Pilots of penalty notices for disorder for 10-15 year olds are now operating in six police force areas.

• The 10-15 year olds pilots are taking place in:
• West Midlands (including the British Transport Police)
• Essex
• Merseyside
• Lancashire
• Nottinghamshire
• Metropolitan (Kingston only)

The pilots are expected to run for a year and will be evaluated.

The penalty notice for disorder scheme was rolled out to all police forces in England and Wales during 2003-4.

PNDs can be issued for all penalty offences and for all age groups by police officers in England and Wales.

Community Support Officers may issue PNDs for all penalty offences except theft and littering (they already have the power to issue littering FPNs on behalf of local authorities).

Accredited persons (persons accredited by Chief Constables) may issue PNDs for penalty offences excluding theft, criminal damage and littering (they have the power to issue local authority FPNs for littering). Also, for offences directly involving drunkenness, i.e. drunk and disorderly behaviour and being drunk in the highway.

Only police officers may issue PNDs to 10-15 year olds.