Clause 2 - Penalty notices
Criminal Justice and Police Bill
11:30 am
Mr Oliver Heald (North East Hertfordshire, Conservative)
We dealt earlier with most of the issues that arise under clause 2, but there was the lingering problem of what is the effect of paying the penalty as regards the discharge of liability to be convicted under subsection (4). Can the Minister confirm that that administrative disposal means not that an offence has not been committed, but that there is no finding of guilt when the fixed penalty is paid? He suggested that it will be possible for a record to be kept, especially if a fixed penalty notice is not paid; he also said that for a short period records may be kept of fixed penalty notices that have been dealt with. If records are available that show, for example, that an offender has failed to pay fixed penalty notices for six offences, and if that defendant then comes before a court for a seventh, can magistrates be told that there are previous unpaid fixed penalty notices, or even a notice that has been paid? In other words, will there be a record—which may not be complete—of non-payment of fixed penalty notices?
I understand that the Minister would not want to introduce the accelerator system suggested in the consultation document, because of the difficulties highlighted by ACPO, but if there is information available about the background of the accused that suggests that he is a serial offender, should not that be something for the court to take into account? Would that form part of the antecedents of the accused in the question of sentencing?
What does ``an authorised constable'' include? Would it include a special? Would it include a member of the British Transport police? Would it include a member of the Royal Parks police or the Royal Military police? Who qualifies as ``authorised''? Some of the penalty offences relate to the fire service. Is it thought that the police would have to be involved in the issue of penalty notices in such instances, or is it thought that in some way the fire service would have its own ability to do so?