Clause 3 - Amount of penalty and form of penalty notice
Criminal Justice and Police Bill
4:30 pm
Mr Charles Clarke (Minister of State, Home Office; Norwich South, Labour)
We were debating at some length the statement by the constable and the nature of the notices. I emphasise that the penalty notice will be just that. It will include sufficient information about the offence, which is its purpose. The hon. Member for North-East Hertfordshire (Mr. Heald) was correct to say that the statutory defence is an identity. That would need to be considered, but a full statement should not be needed in every case.
It may help if I set out how the system will work. Under clause 3(3)(c), all fixed penalty notices must
``give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it''.
The purpose is to allow the suspect, in the cold light of day and possibly on advice, to make a sober and rational judgment about whether to pay the penalty or request a trial, which is also set out on the fixed penalty notice. Under clause 8, we have allowed the possibility of the penalty notice, or any additional statement that the issuing officer gives with it, serving as a witness statement for the purpose of any subsequent trial. Thus, the police have been given the flexibility to deal with the needs of a specific case.
The hon. Gentleman will make his customary and not unreasonable remarks about guidance. Guidance may address the types of case in which a fuller additional statement may be advisable. I can cover that more fully if the Committee so requires.