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Criminal Justice and Police Act 2001, Section 3 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)The penalty payable in respect of a penalty offence is such amount as the Secretary of State may specify by order.
F1(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F2summary] conviction of the offence [F3plus a half of the relevant surcharge].
[F4(2A)The “relevant surcharge”, in relation to a person of a given age, is the amount payable by way of surcharge under [F5section 42 of the Sentencing Code] by a person of that age who is fined the maximum amount for the offence.]
(3)A penalty notice must—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F7designated officer for a local justice area] 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.
[F8(3A)The Secretary of State may by regulations require information in addition to that mentioned in subsection (3) to be included in, or to be provided with, a penalty notice with an education option.]
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 3(1A) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 5(2); S.I. 2013/453, art. 4(e)
F2Word in s. 3(2) inserted (1.11.2004) by The Criminal Justice and Police Act 2001 (Amendment) and Police Reform Act 2002 (Modification) Order 2004 (S.I. 2004/2540), arts. 1(4), 3
F3Words in s. 3(2) inserted (1.10.2012) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 15(2), 60; S.I. 2012/1697, art. 2
F4S. 3(2A) inserted (1.10.2012) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 15(3), 60; S.I. 2012/1697, art. 2
F5Words in s. 3(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 178 (with Sch. 27); S.I. 2020/1236, reg. 2
F6S. 3(3)(a) omitted (13.1.2010) by virtue of The Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2010 (S.I. 2010/64), arts. 1(1), 2(a)
F7Words in s. 3(3)(f) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 397; S.I. 2005/910, art. 3
F8S. 3(3A) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 5(3); S.I. 2013/453, art. 4(e)
F9S. 3(4) omitted (13.1.2010) by virtue of The Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2010 (S.I. 2010/64), arts. 1(1), 2(b)
F10S. 3(5)(6) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 23 para. 5(4); S.I. 2013/453, art. 4(e)
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