Clause 5 - General restriction on proceedings
Criminal Justice and Police Bill
5:45 pm
Mr Simon Hughes (North Southwark and Bermondsey, Liberal Democrat)
I beg to move amendment No. 3, in page 4, line 9, leave out `21 days' and insert `one month'.
The amendment is the only one selected in relation to clause 5. That is the clause that deals the period between the fixed penalty notice being given to someone, and the period within which they can invoke the process of going to trial—after which the system will act against them because nothing has happened if they have not paid the money.
The amendment would extend to 28 days the period of 21 days that was set out under the Bill. I tabled the amendment, first, because 21 days is too short a period; secondly, because people do not think in periods of three weeks; and thirdly, because such a period is far more likely to catch people who did not intend to be caught and, fourthly, because I question whether the matter is not something that should be dealt with by secondary legislation rather than under the Bill.
I sense that the general precedent may reflect that time limit in the Bill. I have not done a trawl, but that probably is the case. Again, it would be helpful to know details of the precedent. I am conscious that my proposal raises the question whether a month is 28 days or a calendar month. I am clear in my mind, from personal experience as the recipient of fixed penalty notices as well as for other reasons, that people are far more likely to remember that time is running out if a month passes and they are in a different month. If a person were issued with a parking ticket in February, a trigger mechanism would come into play and he would remember by the end of March that he must do something it. The person would not remember the date or even the day of the week, but he is likely to remember roughly when it was.
If the period were extended to the end of the month after the issue of the notice, that would give people reasonable time within which to do something. The enforcement process for not paying or the time within which a person should pay should expire no earlier than a month after the notice was issued. Ideally, it should be on the first day of the month that follows the month when the offence took place. If it is to be a system where money is collected, for heaven's sake let us make it a system whereby people are likely to pay. It must be a system that will give people longer time to pay so those on low incomes will not be disadvantaged. Let us give people a longer time to find the money, so that it will not disadvantage the forgetful and mentally ill.