Clause 1 - Offences leading to penalties on the spot
Criminal Justice and Police Bill
4:30 pm
Mr Oliver Heald (North East Hertfordshire, Conservative)
As the Minister was leaving this morning, I raised a point of order to say that it would help the Committee if the draft guidance for clause 6 and the draft order under clause 3 were made available to the Committee before we debate those clauses. I repeat the point now, so that the Minister may hear it for himself.
This morning, I asked about the cost implications of managing and enforcing fixed penalty notices. I referred to issues raised by the inner London magistrates court service about that and IT. I mentioned the Criminal Bar Association's view that dealing with non-compliance might have significant resource implications, and I referred to the concern of the Police Superintendents Association about the impact of fixed penalty notices on the use of police time—a concern echoed by the Police Federation. The Criminal Bar Association also raised specific concerns about the problem of applying fixed penalty notices when the person concerned is drunk. The notice might aggravate antisocial behaviour on the street.
I asked about the possible effect on the criminal justice system if the notices are ignored and subsequently dealt with administratively—rather like parking tickets. I asked the Minister how he would verify details of a person served with a fixed penalty notice when the action that required it occurred on the street. According to the Criminal Bar Association, the person must be warned of the consequences of failing to provide details, and Human Rights Act implications are relevant. I asked the Minister to explain his views in greater detail.
What is the interaction between the fixed penalty notice procedure and powers of arrest? How does the Police and Criminal Evidence Act 1984 operate when a fixed penalty notice is issued? What is the basis of the power of arrest and what happens in respect of detention? Will the options of payment or going to court be clearly explained to the defendant orally? Is the only form of explanation effectively the wording of the fixed penalty notice as described in clause 3, or is there an additional formula that an officer must declare or hand out on a piece of paper? Can the defendant offer an explanation? If he is asked to do so, will it be under caution? That is particularly relevant where the offence is one for which a reasonable excuse is a defence, or if the offence is committed where there is no cause for the action concerned.
What is the effect of fixed penalty notices on deterrents? Is it not convenient for the offender? On a fixed penalty notice, he can pay the money without additional penalty. The consequences seem to be less than for a conviction and some of the offences under discussion are definitely in the bracket that anyone would describe as criminal. Obviously they are all offences, but they are on that tier described by the Criminal Bar Association as ``clearly criminal''.