penalty notice for disorder

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A scheme provided for by ss 1 to 11 of the Criminal Justice and Police Act 2001 which deals specifically with disorderly behaviour and is part of the wider fixed penalty notice scheme. Penalty notices for disorder can be issued to anyone aged 16 years and over. They carry a tariff of £80 or £50 according to the offence. They can be used in place of an informal/formal caution or charge for low‐level offending and anti‐social behaviour. An authorized officer, who has reason to believe that a person has committed a penalty offence, may issue a penalty notice for that offence. The officer must have sufficient evidence for a successful prosecution before a notice can be issued. The notice may be issued either on the spot by an officer in uniform in public or in private; or at a police station by an authorized officer. The person awarded the penalty notice for disorder has 21 days from the date of issue either to: pay the penalty, thereby discharging their liability to conviction for the offence, or request a court hearing. Failure to pay the penalty or request a hearing may result in a fine of one‐and‐a‐half times the penalty amount or, exceptionally, proceedings commenced for the penalty offence. Although the parent/legal guardian of 15 to 16 year olds is expected to pay the penalty, only the young person who is the recipient of the penalty notice can choose whether or not to go to court.

Subjects: Law.

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