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The penalty notice for disorder (PND) Scheme was set up under the Criminal Justice and Police Act 2001. Under the scheme, the police may issue a fixed penalty notice of either £50 or £80 for a range of minor disorder offences. Details of PND recipients are initially recorded on a database kept by the Central Ticket Office of an individual police force. Each force is responsible for maintaining their own local database; there is currently no national system for recording PNDs. However the Government do intend to establish a single national penalty notice processing system for all PNDs and road traffic tickets by September 2009.
Where the PND is issued for a recordable offence, a record of the offender is also created on the Police National Computer (PNC) within 24 hours and updated within seven days: the PNC is available to officers 24 hours a day. Repeat offenders should be identified using PNC if they have committed recordable offences. For all other offences, while the current local database could also be interrogated to check if a PND has already been issued, it is normally only available during office hours and to those officers local to the force.
A list of all PND offences is given in Table one, showing which are recordable.
|Penalty notice for disorder offences|
|PND offence code||CCCJS code||Act||Description||Notifiable/recordable|
|Upper Tier £80|
|DA01||CL67008||s 5, Criminal Law Act 1967||Causing wasteful use of police time/wasting police time, Giving false report||Recordable|
|DA02(1)||CA03007||s 127(2) of the Communications Act 2003||Send false message/persistently use a public electronic communications network in order to cause annoyance inconvenience or needless anxiety||Recordable|
|DA03(2)||FS04009||s 49 of the Fire and Rescue Services At 2004||Knowingly give a false alarm to a person acting on behalf of a fire and rescue authority||Recordable|
|DA04(3)||PU86107||s 5, Public Order Act 1986||Use words/conduct likely to cause harassment, alarm or distress||Notifiable and recordable|
|DA05||EP75005||s 80, Explosives Act 1875||Fire/throw firework(s)||Non-recordable|
|DA06||CJ67002||s 91, Criminal Justice Act 1967||Drunk and disorderly in a public place||Recordable|
|DA11(4)||CD71040||s1(1) of the Criminal Damage Act 1971||Destroying or damaging property (under £500)||Notifiable and recordable|
|DA12(4)||TH68010||s1 of the Theft Act 1968||Theft (retail under £200)||Notifiable and recordable|
|DA13(5)||FW04003||Fireworks Regulations 2004 under s11 of the Fireworks Act 2003||Breach of fireworks curfew (11pm-7am)||Recordable|
|DA14(5)||FW04002||Fireworks Regulations 2004 under s11 of the Fireworks Act 2003||Possession of a category 4 firework||Recordable|
|DA15(5)||FW04001||Fireworks Regulations 2004 under s11 of the Fireworks Act 2003||Possession by a person under 18 of an adult firework||Recordable|
|DA16(6)||LG03036||Section 141 of the Licensing Act 2003 (c.17)(7)||Sells or attempts to sell alcohol to a person who is drunk||Recordable (1 December 2005)|
|DA17||LG03067||s 146(3) of the Licensing Act 2003(7)||Supply of alcohol by or on behalf of a club to a person aged under 18||Recordable (1 December 2005)|
|DA18(4)||LG03064||s 146(1) of the Licensing Act 2003(7)||Sale of alcohol anywhere to a person under 18||Recordable (1 December 2005)|
|DA19(4)||LG03081||s 149(3) of the licensing Act 2003(7)||Buys or attempts to buy alcohol on behalf of person under 18||Recordable (1 December 2005)|
|DA20||LG03083||s 149(4) of the licensing Act 2003(7)||Buys or attempts to buy alcohol for consumption on relevant premises by person under 18||Recordable (1 December 2005)|
|DA21(4)||LG03088||s 151 of the licensing Act 2003(7)||Delivery of alcohol to person under 18 or allowing such delivery||Recordable (1 December 2005)|
|Lower Tier £50|
|DB03||BT49005||s 55, British Transport Commission Act 1949||Trespass on a railway||Non-recordable|
|DB04||BT49006||s 56, British Transport Commission Act 1949||Throwing stones/matter/thing at a train||Non-recordable|
|DB05||LG72008||s 12, Licensing Act 1872||Drunk in highway||Recordable|
|DB07||CJ01002||s 12, Criminal Justice and Police Act 2001||Consume alcohol in designated public place, contrary to requirement by constable not to do so.||Non-recordable|
|DB08(4)||EP90046||s 87(1) and (5) of the Environmental Protection Act 1990||Depositing and leave litter||Non-recordable|
|DB12(4)||LG03085||s 150(1) of the Licensing Act 2003(7)||Consumption of alcohol by a person under 18 on relevant premises||Recordable (1 December 2005)|
|DB13(4)||LG03086||s 150(2) of the Licensing Act 2003(7)||Allowing consumption of alcohol by a person under 18 on relevant premises||Recordable (1 December 2005)|
|DB14(6)||LG03079||Section 149(1) of the Licensing Act 2003 (c. 17)(7)||Buying or attempting to buy alcohol by a person under 18||Recordable (1 December 2005)|
|(1) Offence repealed by Communications Act 2003 with effect from 5 March 2004. |
(2) Offence repealed by Fire and Rescue Services Act 2004 with effect from 1 October 2004.
(3) Offence added with effect from 8 August 2002.
(4) Offence added with effect from 1 November 2004.
(5) Offence added with effect from 11 October 2004.
(6) Offence added with effect from 4 April 2005.
(7) New legislative reference with effect from 2 November 2005 on implementation of Licensing Act 2003.