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PNDs

Volume 455: debated on Tuesday 16 January 2007

To ask the Secretary of State for the Home Department (1) what plans he has to extend the use of penalty notices for disorder amongst 10 to 15-year-olds in areas beyond the six pilot areas; (114500)

(2) how many penalty notices for disorder (PNDs) have been issued to 10 to 15-year-olds in each of the six pilot police force areas in respect of (a) behaviour likely to cause harassment, alarm or distress to others or using threatening words or behaviour, (b) drunk and disorderly behaviour in a public place, (c) destroying or damaging property up to the value of £500, (d) retail theft under £200, (e) sale of alcohol to a person under 18 years of age, (f) selling alcohol to a drunken person, (g) breach of a fireworks curfew, (h) being drunk in a highway or consuming alcohol in a designated place and (i) other offences; and how many such PNDs were (i) paid within 21 days, (ii) contested in court and (iii) registered as fines against the parent of the recipient.

The evaluation of the pilots is currently under way. The final evaluation report will contain full details about the number of Penalty Notices for Disorder issued during the pilots. No decisions about extending the pilot areas will be taken until the results of the evaluation have been considered.

To ask the Secretary of State for the Home Department what proportion of people aged (a) 16 to 17, (b) 18 to 24 and (c) 25 years and above who have received a penalty notice for disorder committed a further offence within a period of 12 months. (114502)

The Office for Criminal Justice Reform does not hold information on the proportion of people who, having received a penalty notice for disorder, committed a further offence within a period of 12 months. Data are not collected to that level of detail.

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. (114849)

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

DA021

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

DA032

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

DA043

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

DA114

CD71040

s1(1) of the Criminal Damage Act 1971

Destroying or damaging property (under £500)

Notifiable and recordable

DA124

TH68010

s1 of the Theft Act 1968

Theft (retail under £200)

Notifiable and recordable

DA135

FW04003

Fireworks Regulations 2004 under s11 of the Fireworks Act 2003

Breach of fireworks curfew (11pm-7am)

Recordable

DA145

FW04002

Fireworks Regulations 2004 under s11 of the Fireworks Act 2003

Possession of a category 4 firework

Recordable

DA155

FW04001

Fireworks Regulations 2004 under s11 of the Fireworks Act 2003

Possession by a person under 18 of an adult firework

Recordable

DA166

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 20037

Supply of alcohol by or on behalf of a club to a person aged under 18

Recordable (1 December 2005)

DA184

LG03064

s 146(1) of the Licensing Act 20037

Sale of alcohol anywhere to a person under 18

Recordable (1 December 2005)

DA194

LG03081

s 149(3) of the licensing Act 20037

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 20037

Buys or attempts to buy alcohol for consumption on relevant premises by person under 18

Recordable (1 December 2005)

DA214

LG03088

s 151 of the licensing Act 20037

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

DB084

EP90046

s 87(1) and (5) of the Environmental Protection Act 1990

Depositing and leave litter

Non-recordable

DB09

DB10

DB11

DB124

LG03085

s 150(1) of the Licensing Act 20037

Consumption of alcohol by a person under 18 on relevant premises

Recordable (1 December 2005)

DB134

LG03086

s 150(2) of the Licensing Act 20037

Allowing consumption of alcohol by a person under 18 on relevant premises

Recordable (1 December 2005)

DB146

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.