Penalty Notices for Disorder Aims and Purpose of

Penalty Notices for Disorder

Aims and Purpose of the Scheme To offer operational officers a new effective alternative means of dealing with low-level, anti -social and nuisance offending. To deliver swift, simple and effective justice, that carries a deterrent effect. To reduce the amount of time that police officers spend completing paperwork and attending court, whilst simultaneously reducing the burden on the courts. To increase the amount of time officers spend on the street and dealing with more serious crime.

The Criminal Justice and Police Act 2001 A Constable [including a special constable] in uniform* (NOT CDO’s) who has reason to believe that a person aged 16 or over has committed a penalty offence may give that person a penalty notice for that offence

Penalty Notice Offences Upper Tier £ 80 Wasting police time, Giving false report Sending false messages Knowingly give false alarm to a fire brigade Throwing Fireworks Causing harassment, alarm or distress (POA 1986)

Penalty Notice Offences Upper Tier £ 80 Criminal damage under £ 500 Theft – shoplifting under £ 200 Selling alcohol to person under 18 Purchasing alcohol for an under 18 Delivering alcohol to person under 18 or allowing such delivery Drunk and disorderly

Penalty Notice Offences Upper Tier £ 80 Breach of Firework Curfew (11 pm-7 am, 1 am New Years Eve, Chinese New Year & 5/11, 12 am following day) Possession on Class 4 firework Person Under 18 possession a section 11, adult firework Except, indoor fireworks, cap, cracker, snap, novelty match, party popper, serpent, sparkler or throwdown

Penalty Notice Offences Lower Tier £ 50 • • Trespassing on a railway Throwing stones at a train Drunk in highway Drinking in a designated public area • Consumption of alcohol by a person under 18 or allowing such consumption • Depositing and leaving litter

How Does it Work? • There is reason to believe a person has committed a penalty offence and there is sufficient evidence to bring a charge (there is no requirement for an offender to admit the offence) • The offence is not too serious and is of a nature suitable for being dealt with by a penalty notice • The suspect is suitable, compliant and able to understand what is going on • The offence (s) involve (s) no one below the age of 16 • Sufficient evidence as to the suspect’s age, identity and place of residence exists

ØWhere someone aged under 16 and an adult are jointly responsible for the commission of an offence a penalty notice will not be issued to the adult and existing forms of disposal should be considered. ØIf a crime has been completed as the person has been arrested it should be cross referenced with the appropriate section on the penalty notice / crime*. (cross referencing facilities will be available on custody system – finalisation text). Officers will ensure that crimes are endorsed accordingly. ØMust not be issued where a penalty notice offence is known to have been committed in association with another penalty notice offence e. g. subject was drunk and disorderly and throwing fireworks

ØThe notice may be issued either on the spot by an officer in uniform in public or private at a police station (currently force policy ONLY makes provision for issuing in custody) ØThe issue of the ticket extends the offer to the recipient of the opportunity, by paying the penalty, to discharge their liability to conviction in court for the offence for which the ticket was issued ØOnce the notice has been issued the recipient may elect to pay the penalty or request a court hearing. They must do one or the other within 21 days of the tickets issue ØFailure to do so may result in the registration of a fine one and half times the penalty amount

ØThe notice must be issued to and received by the offenderthe officer should ask for a signature, although there is no legal obligation on the recipient to provide one ØOnce it has been issued by an officer no alternative can then be considered (although certain safeguards do apply) ØPayment involves no admission of guilt and removes the possibility of the creation of a record of criminal conviction ØThe scheme is a discretionary one. Where the officer believes that an offence is of such a nature that it should be dealt with by the courts, the usual powers will be available to arrest and charge

…. But Can’t be Issued For: • • • Where damage to property has occurred Injury to any person Homophobic / Racially aggravated incidents Domestic Incidents If the offending forms a pattern of harassment or intimidation • Any realistic threats of injury (re Telecommunications Act) • BASICALLY ANY AGGRAVATING CIRCUMSTANCES

…. OR • Where the offender is on Court or Police Bail • Where the offender is serving a Home Detention Curfew • The offender is subject to an ASBO • The offender is unlikely to understand the consequences of the scheme. • Foreign Nationals (Resident outside UK)

16 / 17 Year Olds PND does not replace or supersede systems re “Reprimands & Final Warnings” PND’s will only be issued to 16 & 17 year olds where the offending does not form part of a pattern of offending behaviour, it is designed for one off straight forward incidents The YOT should always be informed when a penalty notice has been issued. If the Appropriate Adult and or the juvenile refuses to accept the penalty notice, it will NOT be issued.