Clause 2 - Penalty notices
Criminal Justice and Police Bill
10:45 am
Sir Nicholas Lyell (North East Bedfordshire, Conservative)
I regard this as a probing amendment. I think that it highlights the dilemmas that surround the great extension of the use of fixed penalty notices. Obviously, to give people a fixed penalty notice, one needs their name and address, and especially in the cases of drunkenness and consumption of alcohol in a public place, there is a real risk that the police officer will be given false particulars. Plainly, without some check on that, officers will be left increasingly frustrated, and will use the power only in cases where they already know the name and address of an individual.
There is a real dilemma about whether we should add a further offence of giving a false name and address. I note that under section 5(2) of the Criminal Law Act 1967, it is an offence to waste police time or give false report. Does the Minister regard giving a false name and address in answer to a question to enable a constable to issue a fixed penalty notice as giving false report, or does that have to be at the initiative of the individual concerned, rather than in response to a request for information? If the provision has the wider meaning, an officer may be able to use it if a false name and address is given.
The irony of such action is that it would enable another fixed penalty notice to be issued at the same time. Let us suppose that we want to enable the police station to become a mini police court and avoid the whole aspect of court procedure. If we were wedded to such an idea, that would not be wholly stupid. If, at the time when a person was issued with a fixed penalty notice, he put up his hands and it was discovered that he gave a false name and address, it will cost him a further £40, instead of the matter being taken in front of the magistrates court.
It has been rightly pointed out that the Prime Minister started a large number of hares by his suggestions that culminated in the Bill. At present, it lacks something if it gives the officer no opportunity to respond to a person who gives a false name and address and to issue proceedings again for such action. Consequently, I am inclined to support the amendment. It is certainly helpful and rightly teases out the proper issues, but I shall listen carefully to the Minister before I decide what action to take.