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PNDs

Home Department written question – answered on 16th January 2007.

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Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs)

To ask the Secretary of State for the Home Department what arrangements are in place to identify (a) the recipients of penalty notices for disorder (PNDs) and (b) repeat offenders in receipt of PNDs.

Photo of Vernon Coaker Vernon Coaker The Parliamentary Under-Secretary of State for the Home Department

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
DA07
DA08
DA09
DA10
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
DB01
DB02
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
DB06
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
DB09
DB10
DB11
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.

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