Anti-Social Behaviour
Spot fines for anti-social behaviour
Police have been given the power to issue on-the-spot fines for anti-social behaviour in three areas as part of a Home Office pilot project. The Police Forces involved have welcomed the new proposals as speeding up the administration of justice in tackling routine, low-level offences, but other organisations have expressed reservations about the scheme.
From 12 August, Police will have the power to issue fixed penalty notices to individuals committing routine offences in three pilot areas: West Midlands, Essex and Met Police (Croydon Division). The pilot will be extended to include North Wales Police (Central Division) from 2 September. There are 11 offences for which a fixed penalty notice could be issued
List of offences with a fine of £80:
Wasting police time or giving false report, S5(2), Criminal Law Act 1967
Sending false message, S43(1)(b) Telecommunications Act 1984
Knowingly giving a false alarm to a fire brigade, S31, Fire Services Act 1947
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Using threatening words or behaviour likely to cause alarm, harassment or distress under section 5 of the Public Order Act 1986
List of Offences with a fine of £40:
Being drunk in a highway, other public place or licensed premises, S12, Licensing Act 1872
Throwing fireworks in a thoroughfare, S80, Explosives Act 1875
Trespassing on a railway, S55, British Transport Commission Act 1949
Throwing stones, etc. at trains or other things on railways, S56, British Transport Commission Act 1949
Buying or attempting to buy alcohol for consumption in a bar or licensed premises by a person under 18 (NB. offence committed by adult buying alcohol)
Disorderly behaviour while drunk in a public place, S91, Criminal Justice Act 1967
Consumption of alcohol in designated public place, S12, Criminal Justice and Police Act 2001
The new powers will protect the public from rowdy behaviour while saving police and court time. They will not be used to tackle racially-motivated crime, domestic incidents, football-related incidents or in any cases where people or property are hurt. The powers are discretionary and will be used by officers where appropriate. All the usual powers will be available to arrest and charge an offender to be dealt with in the courts if necessary.
Payment of a penalty involves no admission of guilt or record of criminal conviction, though the alleged offender has the right to opt for trial by court and risk conviction. Failure to pay the penalty or opt for trial by court may lead to a fine equivalent to one and a half times the amount of the penalty being imposed on the defaulter.
A number of organisations have expressed their doubts about the proposed system. A spokesman for civil rights group 'Liberty' said that it is unacceptable that police will be able to make instant decisions about a person's behaviour, and that the police will have unprecedented powers to act as judge and jury in such cases. The chairman of the Metropolitan Police Federation has been quoted as saying he was concerned that fixed penalties could turn police officers into traffic wardens, issuing tickets for anti-social behaviour offences. He was also concerned that the number of fines left unpaid may become an issue unless payment levels are significantly higher than for fines issued by magistrates' courts.
The Police, however, have welcomed the new powers, pointing out that they will free up both police and court time. The Police have also stressed that the powers will only be used to tackle a small number of low-level crimes, and that any individual made the subject of an order is free to challenge the order if they feel aggrieved or if there are mitigating circumstances which they feel should be considered. The Police have also been quick to point out the image of Officers handing out notices to drunks on the street is incorrect - anyone drunk and disorderly will be arrested and taken to the police station to sober up.
Full guidance is expected to be issued by the Home Office in late August or early September.
Last update: 13/08/02