| It means, for example, the police in Tayside can now issue a fine to anyone drunk and incapable in a public place, urinating in public or continuing to play loud music after being asked to stop.
The Lord Advocate has provided guidance to officers in relation to circumstances in which consideration should or should not be given to the issue of a fixed penalty notice.
The pilot project, which the Scottish Executive has provided £130,000 to fund, will run for a year, after which time it will be evaluated.
Tayside Police Chief Constable John Vine said, “The Scottish Executive has encouraged police forces to make use of the new powers, and Tayside Police was identified during 2004 as the pilot force in the use of fixed penalty notices.
“Tayside is an innovative force, and we’re delighted to be piloting fixed penalty notices for the rest of the Scottish police service.
“We already have a sophisticated electronic case preparation system in place, which will manage the process from an offence and ticket issue through to management of payment.
“The project in Tayside has progressed successfully, with links to other systems building on the existing infrastructure and innovative use of technology. This will offer police officers a new, effective alternative means of dealing with low-level anti-social behaviour, and will deliver swift, simple and effective justice that also carries a deterrent effect.
“It will reduce significantly the amount of time police officers spend completing paperwork and attending court, while simultaneously reducing the burden on the courts.
This will increase the amount of time officers spend on the street dealing with more serious crime, and free the courts to deal with more serious offending.”
Once a penalty notice has been issued, the recipient must either pay the amount shown on the notice or request a court hearing. This must be done within 28 days of the date of issue. Payment of the penalty by the recipient discharges their liability to conviction of the offence for which the notice is issued.
Payment involves no admission of guilt, and removes both the liability to conviction and a record of criminal conviction.
If the recipient requests a court hearing, the case is progressed in the normal way, which may result in a hearing.
Deputy Justice Minister Hugh Henry added, “Scottish ministers are sending out a clear message that people have had enough of anti-social behaviour.
“Change is already taking place. Councils and police are starting to use some of the new measures.
“In recent weeks we have seen the first closure orders being granted, the dispersal power being used successfully in Aberdeen for the first time, and police forces gaining the power to seize the vehicles from boy racers. We want to ensure that, where anti-social behaviour has taken place, swift and effective justice is provided.
Mr Henry added, “These are smart, swift options designed to punish the offender and to bring respite to communities.”
n Councillors in Edinburgh will today announce new plans to tackle noisy neighbours. The city council is appointing a dedicated team of environmental health night-time officers, who will be on call between 5.15pm and 4am.
There’s a phone line for fraught residents, with the service going live from Friday evening.
The council officers and the police — who will deal with noise complaints at all other times — can issue a warning notice and then a fixed penalty notice of £100 if problems persist. Officers can also obtain a warrant to seize equipment such as stereos or TVs. |