Clause 4 - Effect of penalty notice
Criminal Justice and Police Bill
5:15 pm
Mr Crispin Blunt (Reigate, Conservative)
I may have spotted a problem with clause 4. I hope that, if the Minister cannot answer me now, he will ask for advice on the matter.
I said earlier that I served on the Committee that considered the Armed Forces Discipline Bill. That Bill introduced an appeals procedure for people who were dealt with under summary discipline in the armed services. Previously, service men agreed to accept the penalty imposed by their commanding officer whatever it was, without appeal. The Bill, because of the Human Rights Act, instituted an appeals procedure for those summary procedures. One effect was that service men were not allowed to be exposed to a higher penalty on appeal than that awarded by their commanding officer. If the commanding officer awarded someone 14 days' detention and that award was appealed, on appeal that award could not be increased by the summary appeals court.
I fear that there is a parallel. It was explained to us in Committee that the Ministry of Defence was receiving advice that, under the Human Rights Act, the fact of an appeal could not expose someone to a higher penalty. That is the effect of the clause. If someone is awarded a fixed penalty notice, he will have 21 days, under clause 5, to consider whether to accept the penalty and to discharge his obligation, or to opt for trial. There may be a parallel between the advice given to the Ministry of Defence on human rights legislation and the right for individuals to choose whether to go to trial, which might be seen as an appeal against the fixed penalty notice. I do not know the answer. I simply saw the parallel and invite the Minister to put my mind at rest if it is not appropriate.