SCHEDULES

SCHEDULE 23Penalty notices for disorderly behaviour

Criminal Justice and Police Act 2001 (c. 16)

3

1

Section 2 (penalty notices) is amended as follows

2

In subsection (1) for “10” substitute “ 18 ”.

3

After subsection (1) insert—

1A

If the offence mentioned in subsection (1) is a relevant penalty offence, the constable may give the person a penalty notice with an education option.

4

Omit subsection (2) (requirement that constable giving a penalty notice other than at a police station be in uniform).

5

Omit subsection (3) (requirement that constable giving a penalty notice at a police station be an authorised constable).

6

In subsection (4)—

a

after “Chapter”, in the first place it appears, insert

—

approved educational course” means an educational course run as part of an educational course scheme established by—

a

in the case of a notice given by a constable of the British Transport Police Force, the Chief Constable of that force, and

b

in any other case, the chief officer of police for the area in which the notice is given;

“educational course scheme” means a scheme established by a chief officer of police under section 2A;

b

at the end insert

;

penalty notice with an education option” means a penalty notice that also offers the opportunity to discharge any liability to be convicted of the offence to which the notice relates by—

a

completing an approved educational course, and

b

paying the course fee.

7

After subsection (4) insert—

4A

In this section, “relevant penalty offence” means a penalty offence in relation to which there is an approved educational course.

4B

The Secretary of State may by regulations make provision about the revocation of penalty notices.

8

Omit subsection (5) (definition of “authorised constable”).

9

Omit subsections (6) to (9) (Secretary of State order making power and associated provision).