Scottish Government
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On-the-spot penalties now in force

Fixed Penalty Notices (FPNs), giving police officers the power to issue £40 fines for lower level offences such as breach of the peace, urinating in a public place and drinking in public where it is banned, have been rolled out across Scotland from today.

Following a successful pilot in Tayside, FPNs have been adopted by Scotland's other police forces over the last six months.

If unpaid within 28 days and unchallenged the penalty increases to £60.

In Glasgow today, Justice Secretary Kenny MacAskill said:

"I'm pleased that Strathclyde Police officers now have these additional powers to take quick and effective action against antisocial behaviour.

"The Scottish Government has been consistently clear that much long-term work is needed to tackle criminality and the deep-seated problems related to that, including alcohol misuse, drug abuse and deprivation.

"Alongside that work, however, our communities rightly expect effective enforcement of the law, led by a visible police presence on their streets.

"Fixed penalty notices can play a part in delivering that, as we work together to build safer, stronger communities across the country.

"FPNs can free up considerable police time, while also reducing the time fiscals and the courts spend on dealing with more minor offenders.

"Officers across Scotland will have the ability take swift and visible action against lower-level offences, while being able to spend more time where the public want them - on our streets.

"Evidence from the pilot in Tayside also suggests that the penalties can deter people from similar misdemeanours in future.

"Clearly, this is just one tool in the police's armoury. While we have supported the national roll-out, future development of FPNs will be considered as part of the broader antisocial behaviour strategy review.

"We are also committed to a specific review of FPN use nationally, including the offences for which they can be imposed and the level of the penalty, after 12 months of all forces adopting them."

Kevin Smith, Strathclyde Assistant Chief Constable (Criminal Justice and Territorial Policing), said:

"Disorder and anti-social behaviour are major problems for ordinary people and can have a severe effect on quality of life in neighbourhoods. Currently, for even the most minor offences, our officers have to formally charge the offender, then spend time in the police station preparing reports to be sent to the Procurator Fiscal for consideration of a prosecution.

"Court appearances, if they occur, can be many, many months down the line.

"These penalty tickets will allow officers to deal, there and then, with certain offences. That is good news for our officers, and we think it will send a strong message to those who are committing these offences.

"Rather than being tied up with paperwork, our officers can spend more doing what we all joined the police for - tackling crime and disorder and helping law-abiding people.

"However, it is much more than that. It is part of a much wider reform of the criminal justice system, and Procurators Fiscal will have a far greater range of options to deal with other offences, and we anticipate that our officers will be cited to attend court far less frequently."

FPNs have been made available to Scotland's police, through provisions in the Antisocial Behaviour etc. (Scotland) Act 2004, for a range of low level offences committed by anyone aged 16 and over.

The Act sets out eight statutory and two common law offences for which an FPN can be issued: riotous behaviour while drunk in licensed premises; refusing to leave licensed premises on being requested to do so; urinating or defecating in circumstances causing annoyance to others; being drunk and incapable in a public place; being drunk in a public place in charge of a child; persisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop; vandalism; consuming alcoholic liquor in a public place; breach of the peace; and malicious mischief.

Offenders given a FPN have up to 28 days to pay £40 or request a court hearing. If not paid within 28 days, and unchallenged, it increases to £60 and is treated as a registered fine from the district court.

Tayside Police began piloting FPNs in April 2005. The findings of an independent evaluation by the University of Abertay in Dundee, included:

• 3,327 FPNs were issued - predominantly for breach of the peace (49 per cent), urinating or defecating in circumstances causing annoyance to others (28 per cent) and consuming alcohol in a public place (12 per cent).

• Some evidence of net-widening (FPNs issued where previously a warning would be given) but little evidence of repeat offending.

• 73 per cent of police officers agreed that FPNs saved them time.

• The importance of time saving was considerable, with Tayside police estimated to have saved 1,300 hours over 12 months.

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