Fiscal fine
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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]
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]
References
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