Fiscal fine

Last updated

A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are called direct measures in Scotland. [1]

Contents

Fiscal fines can vary between £50 and £500, but a compensation offer may be issued either separately or additionally with similar effect but with payment going to the victim of crime: these can be of any amount not exceeding £5,000. [2] [3] Whilst not being recorded as a conviction [4] or formal admission of guilt, [5] the payment of a fiscal fine can be revealed in certain circumstances, including a requirement by the General Medical Council for disclosure. [6] The power to issue fiscal fines is conferred by section 302 of the Criminal Procedure (Scotland) Act 1995 [7] as amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. [8]

Background

Fiscal fines were introduced in Scotland by section 56 of the Criminal Justice (Scotland) Act 1987, [9] following recommendations made by the Stewart Committee in Keeping Offenders Out of Court: Further Alternatives to Prosecution (published in 1982). [10] Under the 1987 Act the fiscal fine was fixed at £25, which was changed by the Criminal Procedure (Scotland) Act 1995 to four levels of £25, £50, £75 and £100, [7] and the maximum fine was increased following the McInnes Report from Sheriff Principal John McInnes. [11] The maximum fine was subsequently increased to £300 by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. [8] The 2007 Act also modified the system from one where the offender had to accept a fiscal fine as an alternative fine, to one in which the offender was determined to have accepted fine if they did not object (an "opt-out" system.) The move to an opt-out system was another recommendation of the McInnes report. [8] [12]

Criticism

The Scotsman newspaper reported in 2008 that fiscal fines were being used to deal with violent and serious crimes, contrary to previous assurances from the Crown Office [13] The Inspectorate of Prosecution examined the use of fiscal fines in 2009 and found that most fiscal fines for assault were dealt with appropriately. [14] [15] The Crown Office responded by rejecting any claims that some sex offenders were offered fiscal fines instead of facing prosecution. [16]

In the four years leading up to September 2013 showed that 189,256 fiscal fines had seen warning letters issued for non-payment. [17]

The enforcement regime was also criticised in 2017 in the Scottish Parliament when figures revealed 45% of fiscal fines issued remained unpaid. [18]

Related Research Articles

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.

<span class="mw-page-title-main">High Court of Justiciary</span> Supreme criminal court in Scotland

The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Court building in the Old Town in Edinburgh, or in dedicated buildings in Glasgow and Aberdeen. The High Court sometimes sits in various smaller towns in Scotland, where it uses the local sheriff court building. As an appeal court, the High Court sits only in Edinburgh. On one occasion the High Court of Justiciary sat outside Scotland, at Zeist in the Netherlands during the Pan Am Flight 103 bombing trial, as the Scottish Court in the Netherlands. At Zeist the High Court sat both as a trial court, and an appeal court for the initial appeal by Abdelbaset al-Megrahi.

<span class="mw-page-title-main">Prosecutor</span> Legal profession

A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

<span class="mw-page-title-main">Scottish Courts and Tribunals Service</span> Independent public body

The Scottish Courts and Tribunals Service (SCTS) is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its chief executive and executive directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council.

<span class="mw-page-title-main">Crown Office and Procurator Fiscal Service</span> Independent public prosecution service for Scotland

The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.

<span class="mw-page-title-main">Courts of Scotland</span> Administration of justice in Scotland

The courts of Scotland are responsible for administration of justice in Scotland, under statutory, common law and equitable provisions within Scots law. The courts are presided over by the judiciary of Scotland, who are the various judicial office holders responsible for issuing judgments, ensuring fair trials, and deciding on sentencing. The Court of Session is the supreme civil court of Scotland, subject to appeals to the Supreme Court of the United Kingdom, and the High Court of Justiciary is the supreme criminal court, which is only subject to the authority of the Supreme Court of the United Kingdom on devolution issues and human rights compatibility issues.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in the criminal legal system of England and Wales

In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2010, there were 320 magistrates' courts in England and Wales; by 2020, a decade later, 164 of those had closed. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.

<span class="mw-page-title-main">Procurator fiscal</span> Public prosecutor in Scotland

A procurator fiscal, sometimes called PF or fiscal, is a public prosecutor in Scotland, who has the power to impose fiscal fines. They investigate all sudden and suspicious deaths in Scotland, conduct fatal accident inquiries and handle criminal complaints against the police. They also receive reports from specialist reporting agencies such as His Majesty's Revenue and Customs.

<span class="mw-page-title-main">Public Prosecution Service for Northern Ireland</span>

The Public Prosecution Service for Northern Ireland (PPSNI) is the department of the Northern Ireland Executive responsible for public prosecutions of people charged with criminal offences in Northern Ireland. It is headed by the Director of Public Prosecutions for Northern Ireland. Its role is similar to that of the longer-established Crown Office and Procurator Fiscal Service in Scotland, and the Crown Prosecution Service in England and Wales. The PPSNI employs 50 Public Prosecutors and over 100 administrative staff. The main role of the PPSNI is to make decisions on the initiation of criminal prosecution or refusal to initiate it and to be responsible for conducting criminal proceedings. There are also a number of options for dealing with offenders in addition to prosecution.

<span class="mw-page-title-main">Precognition (Scots law)</span> Taking witness statements before a trial

Precognition in Scots law is the practice of precognoscing a witness, that is the taking of a factual statement from witnesses by both prosecution and defence after indictment or claim but before trial. This is often undertaken by trainee lawyers or precognition officers employed by firms; anecdotal evidence suggests many of these are former police officers.

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

A police caution is a formal alternative to prosecution in minor cases, administered by the police in England and Wales. It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. Accepting a caution requires an admission of guilt.

Crime in the United Kingdom describes acts of violent crime and non-violent crime that take place within the United Kingdom. Courts and police systems are separated into three sections, based on the different judicial systems of England and Wales, Scotland, and Northern Ireland.

<span class="mw-page-title-main">Scottish criminal law</span>

Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.

<span class="mw-page-title-main">Justice of the peace court</span>

A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.

The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.

<span class="mw-page-title-main">Court of the Lord Lyon</span> Court which regulates heraldry in Scotland

The Court of the Lord Lyon, or Lyon Court, is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.

<span class="mw-page-title-main">Judiciary of Scotland</span> Judicial office holders in the courts of Scotland

The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access.

In the United Kingdom, there are time limits after which court actions cannot be taken in certain types of cases. These differ across the three legal systems in the United Kingdom. The United Kingdom has no statute of limitations for any criminal offence tried above magistrate level.

<span class="mw-page-title-main">Scottish Sentencing Council</span>

The Scottish Sentencing Council is an advisory non-departmental public body in Scotland that produces sentencing guidelines for use in the High Court of Justiciary, sheriff courts and justice of the peace courts. Judges, sheriffs, and justices of the peace must use the guidelines to inform the sentence they pronounce against a convict, and they must give reasons for not following the guidelines.

References

  1. "Summary Justice Reform: Evaluation of Direct Measures". gov.scot. Scottish Government Social Research. 25 January 2011. Retrieved 25 March 2017. ...police and procurator fiscal 'direct measures' (DMs) introduced under SJR. These are alternatives to prosecution, which it is hoped will contribute to fewer minor cases going to court unnecessarily, freeing up the courts to deal with more serious cases (Scottish Government, 2007).
  2. "Alternative to Prosecution". crownoffice.gov.uk. Crown Office and Procurator Fiscal Service. Retrieved 25 March 2017. The 'fixed penalty conditional offer' (fine) is an effective direct measure for less serious offences. The levels of fine are set by the Scottish Government and are currently £50, £75, £100, £150, £200, £250 and £300...The 'compensation offer' is an effective direct measure for offences where an individual has suffered loss. Compensation may be issued in respect of monetary loss, personal loss, or alarm or distress. The maximum level of compensation that can be offered is £3,000.
  3. "Fiscal Fines". scotcourts.gov.uk. Scottish Courts and Tribunals Service. Retrieved 25 March 2017. The fiscal can also offer you the opportunity to pay compensation without the case going to court. This is called a compensation offer. The maximum compensation offer is £5000
  4. "A Summary of Community Options: Alternatives to Prosecution, Alternatives to Remand and Alternatives to Custody" (PDF). West Lothian Health and Social Care Partnership. Glasgow Community Justice Authority. p. 8. Retrieved 25 March 2017.
  5. Kalunta-Crumpton, Anita (2006). "3". Drugs, victims and race : the politics of drug control. Winchester: Waterside Press. p. 85. ISBN   1904380182 . Retrieved 25 March 2017. Introduced in 1995, fiscal fines involve the imposition of a financial penalty by procurators fiscal in absence of a formal admission of guilt.
  6. "Guidance on convictions, cautions, determinations and other methods of police disposal" (PDF). gmc-uk.org. General Medical Council. March 2017. p. 10. Retrieved 25 March 2017. A fiscal fine is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. The power to issue fiscal fines is conferred by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Doctors are required to notify us of fiscal fines under our reporting guidance.
  7. 1 2 "Criminal Procedure (Scotland) Act 1995". legislation.gov.uk. The National Archives. 8 November 1995. pp. S.302. Retrieved 25 March 2017.
  8. 1 2 3 "Criminal Proceedings etc. (Reform) (Scotland) Act 2007". legislation.gov.uk. The National Archives. 22 February 2007. p. S.50. Retrieved 25 March 2017.
  9. "Criminal Justice (Scotland) Act 1987". legislation.gov.uk. The National Archives. 15 May 1987. pp. S.56. Retrieved 25 March 2017.
  10. Keeping Offenders out of Court; Further Alternatives to Prosecution - The Second Report of the Stewart Committee (Report). Cmnd. Her Majesty's Stationery Office. 1983.
  11. McInnes, John (16 March 2004). "The Summary Justice Review Committee: REPORT TO MINISTERS". scot.gov. Scottish Government. p. Chapter 11: ALTERNATIVES TO PROSECUTION. Retrieved 25 March 2017.
  12. Leverick, Fiona. "Plea and Confession Bargaining in Scotland" (PDF). ejcl.org.uk. Netherlands Comparative Law Association. Retrieved 25 March 2017.
  13. "Anger as violent criminals get fiscal fine deals". heraldscotland.com. Herald Scotland. 23 June 2008. Retrieved 25 March 2017.
  14. "Summary Justice Reform: Thematic Report on the Use of Fiscal Fines". gov.scot. Inspectorate of Prosecution in Scotland. 25 March 2009. Retrieved 25 March 2017. Overall the vast majority of Fiscal Fines for assaults were appropriate and proportionate especially looked at from the general principles of summary justice reform, in particular speedier disposal (most cases were dealt with within a few days of receipt from the police) and less inconvenience to witnesses etc.
  15. "Most fiscal fines "appropriate and proportionate", says inspectorate". journalonline.co.uk. Law Society of Scotland. 25 March 2009. Retrieved 25 March 2017.
  16. "Fiscal fines". gov.scot. Crown Office and Procurator Fiscal Service. 19 May 2008. Retrieved 25 March 2017. Claims in the media that some sex offenders are being offered fiscal fines rather than face a court are unfounded, the Crown Office said today.
  17. Johnson, Simon (19 September 2013). "More than 500,000 warning letters sent to criminals who ignore fines". telegraph.co.uk. The Telegraph. Retrieved 25 March 2017. The figures mean that the total of warning letters for non-payment of fiscal fines over the past four years was 189,256, with the annual total more than doubling.
  18. "Almost half of fiscal fines are unpaid despite enforcement regime". heraldscotland.com. Herald Scotland. 26 March 2009. Retrieved 25 March 2017. Last night Bill Aitken, Tory justice spokesman and chairman of the justice committee, said many offenders had no intention of paying. He said: "Why will they not arrange to take payments from benefits or salaries, thus ensuring that we get the money?"