Fiscal fine
Encyclopedia
A fiscal fine is a form of deferred prosecution agreement
in Scotland issued by a procurator fiscal
for certain summary offence
s as an alternative to prosecution.
Fiscal fines can vary between £50 and £300, 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 £500. Whilst not being recorded as a conviction or formal admission of guilt, the payment of a fiscal fine can be revealed in certain circumstances. The power to issue fiscal fines is conferred by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
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.
The enforcement regime was also criticised in the Scottish Parliament
when figures revealed 45% of fiscal fines issued remained unpaid.
Deferred prosecution agreement
A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements...
in Scotland issued by a procurator fiscal
Procurator Fiscal
A procurator fiscal is a public prosecutor in Scotland. They investigate all sudden and suspicious deaths in Scotland , conduct Fatal Accident Inquiries and handle criminal complaints against the police A procurator fiscal (pl. procurators fiscal) is a public prosecutor in Scotland. They...
for certain summary offence
Summary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
s as an alternative to prosecution.
Fiscal fines can vary between £50 and £300, 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 £500. Whilst not being recorded as a conviction or formal admission of guilt, the payment of a fiscal fine can be revealed in certain circumstances. The power to issue fiscal fines is conferred by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
Controversy
The ScotsmanThe Scotsman
The Scotsman is a British newspaper, published in Edinburgh.As of August 2011 it had an audited circulation of 38,423, down from about 100,000 in the 1980s....
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.
The enforcement regime was also criticised in the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
when figures revealed 45% of fiscal fines issued remained unpaid.
External links
- http://www.opsi.gov.uk/legislation/scotland/acts2007/asp_20070006_en_5#pt2-pb7-l1g33
- http://www.opsi.gov.uk/legislation/scotland/acts2007/asp_20070006_en_7#pt3-pb2
- http://www.scotland.gov.uk/Resource/Doc/264423/0079241.pdf
- http://www.journalonline.co.uk/News/1006390.aspx
- http://www.scotland.gov.uk/News/Releases/2008/05/20083642