Conditional Offer of Fixed Penalty Scheme Traffic Offences

Transcription

1 Conditional Offer of Fixed Penalty Scheme Traffic Offences Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as guidance or instruction by any police officer or employee as it may have been redacted due to legal exemptions Owning Department Version Number Road Policing 5.00 (Publication Scheme) Date Published 09/01/2018

2 Compliance Record Equality and Human Rights Impact Assessment (EqHRIA): Date Completed / Reviewed: Information Management Compliant: Health and Safety Compliant: Publication Scheme Compliant: 08/12/17 Yes Yes No Version Control Table Version History of Amendments Approval Date 1.00 Initial Approved Version 31/05/ Section 8 added National Cross Boundary Fixed Penalty Issue Guidance. 28/06/ Section 3 added Road Traffic Act 1988 Section 3 (Careless Driving). Section 1.4 Full title of Lord Advocate Guidelines updated. Section 2.1 reference added to section 3.7. Section 5.1 Reference to legacy force arrangements 16/09/2013 RE withdrawal of tickets added. Associated Reference documents updated. List of associated Legislation updated. Appendix M Penalty charges adjusted Appendix M - Penalty charges updated. 03/10/ The term Traffic Warden removed from document 07/01/ Full review No new content or policy change. 25/02/ Section 2.2 Paragraph added. DVLA driver record check deemed best practice but not required by Safety 30/10/2014 Camera Partnership SOP transferred onto new template aligned to corporate identity. Section 2.1 amended to reflect conditional offers and on duty officers. Section 4 Paragraph added RE legacy forces completing SPRs Section 5.1 Amendment RE ticket validity. 08/12/2017 Section 6.1 Amended making reference to Appendix Section 8, 9 and 10 fully updated. Appendices A to H added containing Cross Border Procedures. Section 11 Records Management added Appendix K Fail to Supply Details of Driver offence - Penalty Points amended. 09/01/2018 (Publication Scheme) 2

3 Contents 1. Purpose 2. Circumstances where Conditional Offers will not be Issued 3. Road Traffic Act 1988, Section 3 (Careless Driving) 4. Unpaid Conditional Offers 5. Inaccurate Completion of Fixed Penalty Notices 6. Completed Notices 7. England / Wales 8. Foreign Drivers 9. New Drivers / Young Persons 10. National Cross Boundary Fixed Penalty Issue Guidance 11. Records Management Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L C Division V Division P Division A Division E and J Division N Division G,U,Q,K and L Division D Division List of Associated Legislation List of Associated Reference Documents List of Conditional Offer Offences Glossary of Terms (Publication Scheme) 3

4 1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Police Service of Scotland (hereafter referred to as Police Scotland) Road Policing Policy. 1.2 The provisions of Section 75(3) of the Road Traffic Offenders Act 1988 authorise Police Constables to issue conditional offers of fixed penalty in respect of certain offences. The following SOP is provided in respect of both endorsable and non-endorsable Conditional Offers of Fixed Penalty (COFPN). 1.3 Payment of the relevant penalty will discharge the offender s liability for prosecution/conviction. The Scheme operates within the framework of the Lord Advocate's guidelines on the subject. 1.4 Under no circumstances are officers to accept payment of the Conditional Offer from an offender. 1.5 For further instruction, refer to the Lord Advocate s Guidelines to Police on the operation of Police Conditional Offers of Fixed Penalty (confidential document available locally from Road Policing). 2. Circumstances where Conditional Offers will not be Issued 2.1 Conditional Offers will not be issued in the following circumstances: Where an offence has been detected and involves an on-duty Police Officer or Member of Police Staff (A Police officer or Member of Police Staff is considered as being on duty during their contracted hours). Any such offence must be dealt with by way of a Standard Prosecution Report (SPR), which must be submitted to the Criminal Allegations Against the Police Division (CAAPD) of the Crown Office and Procurator Fiscal Service (COPFS). Note: The foregoing does not prevent officers from exercising discretion and issuing a verbal warning or counselling, where appropriate. However, this must be applied fairly and consistently and in accordance with the Police Scotland Code of Ethics; Where an offence has been detected as the result of the issue of an HO/RT1; As the result of a Road Traffic Collision (Except RTA 1988, Section 3 (Careless Driving) See section 3.7 below; In the circumstances set out in the guidelines concerning Section 143 and 172 of the Road Traffic Act 1988 or the number of Conditional Offer offences exceed the limit set in the Lord Advocates Guidelines; The offender is causing or permitting, or aiding or abetting, (this does not preclude the principal offender being issued a Conditional Offer); The offender refused the opportunity to take part in the Vehicle Defect Rectification Scheme in respect of the offence; (Publication Scheme) 4

5 The offender is a juvenile; The offender is a pedestrian (e.g. not obeying a police officer controlling traffic); The offender is the holder of a Driver and Vehicle Licensing Agency (DVLA) licence but is liable to disqualification under the totting up procedure, but if there is doubt then the presumption will favour the issue of a Conditional Offer; 2.2 In the above instances, the offender will require to be the subject of a Police report to the Procurator Fiscal (PF). 2.3 Where possible at the roadside and is available it is deemed to be best practice to check the offender s DVLA record to ensure they are not liable to disqualification under the totting up procedure. However, this check is not a requirement for issuing a Conditional Offer when undertaken by Safety Camera Partnerships. 3. Road Traffic Act 1988 Section 3 (Careless Driving) 3.1 The Fixed Penalty (Amendment) Order 2013 applies in relation to a fixed penalty offence alleged to have been committed on or after 16 August COPFS have published Lord Advocate s Guidelines on the reporting of cases to the Procurator Fiscal for offences under Section 3 of the Road Traffic Act 1988, which should be read in conjunction with previously issued Operational Guidance. These guidelines are the definitive national approach on the reporting of Section 3 cases and any previous local Procurator Fiscal instructions or guidelines are superseded. 3.3 The introduction of the Conditional Offer for Careless Driving offences provides an additional disposal for Officers and the Lord Advocate s Guidance state the circumstances in which a Conditional Offer should not be issued and a report must be submitted to the Procurator Fiscal. 3.4 The use of a Fixed Penalty Ticket for this offence must be in line with current practices regarding the issuing of Conditional Offers and standards of evidence. As a disposal measure it sits between the issuing of a verbal warning and the submission of a SPR and its use must be consistent with the standards of discretion applied to road traffic offences with due regard to all the circumstances. 3.5 It is difficult to be too prescriptive about what actions may attract a Conditional Offer for a careless driving offence; however a number of examples that may be suitable are listed below; Driving too close to the vehicle in front (Tailgating); Failing to give way at a junction and causing another driver to take evasive action; (Publication Scheme) 5

6 Overtaking in face of oncoming traffic and causing another driver to take evasive action (dependent upon circumstances); An agricultural or other slow moving vehicle causing undue tailbacks and failing to allow overtaking; Driving too close to a pedal cyclist or pedestrian causing them to take evasive action or lose balance; Antisocial driving manoeuvres such as wheel spinning or handbrake turns; Excessive or inappropriate speed involving aggravating factors; or Any of the examples above which has resulted in a collision (e.g. resulting in minor injury only). 3.6 It is competent to issue a Conditional Offer for a Careless Driving offence following a collision. It is not necessary for the incident to have been witnessed by police officers so long as there is a sufficiency of evidence, e.g. statements from eyewitnesses. 4. Unpaid Conditional Offers 4.1 Where a Conditional Offer has not been complied with, within the specified 28 day period, the Court will later notify the relevant administration office who will cause a SPR to be submitted to the relevant PF within accepted timescales. 4.2 Some legacy force areas will complete the SPR on behalf of the issuing officer. Accordingly, all relevant information required for the SPR should be noted on the Conditional Offer. 5. Inaccurate Completion of Fixed Penalty Notices 5.1 On any occasion where it is apparent that inaccurate information has been recorded on a COFPN, it should be noted that the only occasion when the validity of the ticket is affected, requiring it to be withdrawn, will be where either the penalty points, the amount or the offence narrative has been populated, within the respective box incorrectly. Existing legacy force administrative arrangements will continue to apply in relation to the withdrawal of tickets until the conclusion of a national review of the circumstances for withdrawal is undertaken. 5.2 In the event that there is an error on the COFPN and the offer is not complied with, the error should be brought to the attention of the Procurator Fiscal in any subsequent SPR. 5.3 Officers should complete notebooks / Personal Digital Assistant (PDA) with sufficient information with regards the issue of Conditional Offers of Fixed Penalties. (Publication Scheme) 6

7 6. Completed Notices 6.1 Once a Conditional offer has been issued it must be submitted to a supervisor for checking and onward transmission to the relevant admin department for processing. Refer to the local instructions detailed in the geographical appendices to this SOP for further details. 7. England / Wales 7.1 A Fixed Penalty Notice issued in England or Wales cannot be paid in Scotland. If such a notice is presented by any person seeking advice in this respect they should be referred back to the issuing Force / Area. 8. Foreign Drivers 8.1 Conditional Offers can be issued to foreign drivers. Where a licence requires to be endorsed, DVLA will create a record for such offenders. 8.2 Officers who have issued a Conditional Offer to a foreign driver should ensure that Force forms and have been submitted for Operation Nexus. The evidential notes section of the Conditional Offer should be endorsed with the nationality of the driver and confirmation that form has been submitted. Should this form not have been submitted then an explanation must be included in this section. 9. New Drivers / Young Persons 9.1 A conditional offer must not be offered to younger children: A child under the age of 16; A child aged 16 or 17 and subject to a supervision order. 9.2 Where older children (aged years and not subject to a supervision order) are issued with a conditional offer, then officers must record this as a youth offender on the Vulnerable Persons Database (VPD) identifying any wellbeing concerns. 9.3 If new drivers already have three points, it is competent to issue a further endorsable conditional offer not exceeding three points. When the driver complies with the offer, DVLA are automatically notified and revoke their licence. (Publication Scheme) 7

8 10. National Cross Boundary Fixed Penalty Issue Guidance 10.1 Due to the incompatibility of legacy IT systems, each legacy force retain their own ticket books, incorporating their own numbering systems. The National Cross Boundary Fixed Penalty Issue Guidance provides guidance on the process that should be adhered to when issuing COFPNs across legacy force areas. The processes, for each division, to be complied with in respect of issuing cross boundary conditional offers can be found in geographical Appendices A to H of this SOP. 11. Records Management 11.1 All documentation pertaining to Conditional Offer of Fixed Penalties should be retained in line with the Record Retention SOP. (Publication Scheme) 8

9 Appendix A C Division Completed Notices Once a conditional offer of fixed penalty has been issued to an offender, the issuing officer will complete the details on the yellow copy and pass it to a supervisor, prior to terminating duty. The conditional offer will then be submitted by the supervisor for processing and onward transfer, via internal mail, to the business services unit at Falkirk police station. If the conditional offer remains unpaid, the business services unit will cause a crime file to be created and the reporting officer will be informed. A report will be submitted to the PF in the usual manner. The COFPN Cross Boundary Process for C Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 9

10 Complete BSU Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - C Division Issuing Officer Supervisor BSU Div SPOC Non C Division officer detects RT CONOFF offence Officer selects C Division FPN book and issues ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within C division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisors forwards FPN to Business Services Unit (BSU) Officer returns to home division and refers to the Criminal Justice Cross Boundary information and completes `Record of Cross Boundary FPN` and forwards to C Division SPOC The C division cross boundary SPOC will amend the crime report to reflect the non payment of the FPN and will have CHS amended accordingly. BSU record FPN onto PENSYS as per local procedure but record the reporting officer as the C division SPOC. BSU forward FPN to Scottish Court Services The C division cross boundary SPOC will advise the issuing officer for the requirement of a SPR and also inform the SPOC from the issuing officers home division. BSU receive daily output from PENSYS which highlights all unpaid FPN`s. BSU will advise C division SPOC of any unpaid FPN via a task within the relevant Crimefile crime report Issuing officer will complete SPR as per cross boundary case reporting guidance (Section 10). The C division cross boundary SPOC will update the record of cross boundary FPN form and store. (Publication Scheme) 10

11 Appendix B V Division Completed Notices Once a Conditional Offer of Fixed Penalty has been issued to an offender the issuing officer will complete the details on the yellow copy and pass it to a supervisor prior to terminating duty. The Conditional Offer will then be checked and signed by the supervisor then forwarded via internal mail to Divisional Admin at Dumfries. If the Conditional Offer remains unpaid the Reporting Officer will be made aware and an Image entry will be created in respect of the offence. A report should then be submitted to the PF in the usual manner. The COFPN Cross Boundary Process for V Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 11

12 Complete Reports Bureau Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - V Division Issuing Officer Supervisor Reports Bureau Div SPOC Non V Division officer detects RT CONOFF offence Officer selects V Division FPN book and issues ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within V division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisors forwards FPN to Report Bureau, Dumfries Officer returns to home division and refers to the Criminal Justice Cross Boundary information and completes `Record of Cross Boundary FPN` and forwards to V Division SPOC Reports Bureau record FPN onto PENSYS as per local procedure but record the reporting officer as the V division SPOC. Reports Bureau forward FPN to Scottish Court Services The V division cross boundary SPOC will advise the issuing officer for the requirement of a SPR and also inform the SPOC from the issuing officers home division. Incident status on IMAGE updated. Reports Bureau will interrogate PENSYS under the SPOC`s URN to highlight all unpaid FPN`s, update CHS and forward packages to the V division SPOC SPR Required? YES NO Issuing officer will complete SPR as per Cross Boundary Case Reporting guidance. (Sect 10). The V division cross boundary SPO updatse the record of cross boundary RT CONOFF form and stores. (Publication Scheme) 12

13 Appendix C P Division Completed Notices Once a Conditional Offer of Fixed Penalty has been issued to an offender the issuing officer will complete the details on the yellow copy and pass it to a supervisor prior to terminating duty. The Conditional Offer will then be checked and signed by the supervisor then forwarded via internal mail to Records Office at HQ Glenrothes. If the ticket remains unpaid, records office will cause a Crimefile to be created and the reporting officer will be informed. A report will then be submitted to the PF in the usual manner. The COFPN Cross Boundary Process for P Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 13

14 Complete CTO Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - P Division Issuing Officer Supervisor CTO Div SPOC Non P Division officer detects RT CONOFF offence Officer selects P Division FPN book and issues ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within P Division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisors forwards FPN to Business Central Ticket Office (CTO) Officer returns to home division and refers to the Criminal Justice Cross Boundary information and completes `Record of Cross Boundary FPN` and forwards to P Division SPOC CTO record FPN as per local procedure but record the reporting officer as the P division SPOC. CTO forward FPN to Scottish Court Services (SCS) CTO receive daily notice of unpaid FPNs from SCS. CTO create a Crimefile and update CHS. Where unpaid FPN is out of division, CTO transfer Crimefile to P Division Cross Boundary SPOC. The P Division Cross Boundary SPOC prepares P Div SPRs for cross boundary cases as per local procedures, using their own details as the Reporting Officer and liaising with the Issuing Officer for any postreporting information. Issuing officer will complete SPR as per cross boundary case reporting guidance. (Section 10). The P division Cross Boundary SPOC will update the record of cross boundary FPN form and store. (Publication Scheme) 14

15 Appendix D A Division Completed Notices Once a Conditional Offer of Fixed Penalty has been issued to an offender the issuing officer will complete the details on the yellow copy and pass it to a supervisor prior to terminating duty. The Conditional Offer will then be checked and signed by the supervisor then forwarded to the Central Ticket Office, Kittybrewster. If the ticket remains unpaid the Central Ticket Office will cause a Crimefile to be created and the reporting officer will be informed. A report will then be submitted in the usual manner. The COFPN Cross Boundary Process for A Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 15

16 Complete CTO Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - A Division Issuing Officer Supervisor CTO Div SPOC Non A Division officer detects RT CONOFF offence Officer selects A Division FPN book and issues ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within A Division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisors forwards FPN to Central Ticket Office (CTO) CTO record FPN onto Crimefile as per local procedure but record the reporting officer as the Cross Boundary SPOC. CTO forward FPN to Scottish Court Services CTO collate all unpaid PPNs, update CrimeFile and forward to the A Division Cross Boundary SPOC as per local procedures. The A Division Cross Boundary SPOC will advise the issuing officer for the requirement of a SPR YES SPR Required? NO Issuing officer will complete SPR as per Cross Boundary Case Reporting guidance. (Section 10). The A Division Cross Boundary SPOC updates the CrimeFile and submits SPR (where exisits) to COPFS with copy FPN as a case related document. (Publication Scheme) 16

17 Appendix E E and J Divisions Completed Notices Personal Digital Assistant (PDA) Conditional Offers: Officers complete ticket on PDA and issue to offender; Return to station, synchronise PDA with PDA Pronto Manager on desktop and press send, causing ticket to be electronically sent to Central Ticket Office (CTO) Pronto Manager inbox; CTO monitor the inbox, checking each ticket for accuracy; CTO staff electronically sends ticket from Pronto Manager to court system COPS 2 ; When a ticket is complied with, or remains unpaid the COPS 2 system provides an electronic Verdict Return to the CTO "Pronto Manager" inbox; CTO staff monitor the inbox and generate a Police report for unpaid tickets via the UNIFI (case create) system before transferring this to ICRS and allocating to the reporting officer. Hand written Conditional Offers: Hand-written Conditional Offers are signed by a supervisor; Supervisor sends ticket via internal mail to CTO; CTO staff monitor internal mail, checking each ticket for accuracy; CTO staff manually input the ticket details onto Pronto Manager ; When a ticket is complied with, or remains unpaid the COPS 2 system provides an electronic Verdict Return to the CTO Pronto Manager inbox; CTO staff monitor the inbox and generate a Police report for unpaid tickets via the UNIFI (case create) system before transferring this to ICRS and allocating to the reporting officer. The COFPN Cross Boundary Process for E and J Divisions is shown as a cross-functional flowchart, overleaf: (Publication Scheme) 17

18 Complete CTO Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - E and J Divisions Issuing Officer Supervisor CTO CMU SPOC Non E or J Division officer detects RTCO offence Officer issues E or J Division FPN ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within E or J Division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisor forwards FPN to Central Ticket Office (CTO), Fettes, Edinburgh. Officer returns to home division and refers to the Criminal Justice Cross Boundary information to complete `Record of Cross Boundary FPN, then forwards to CrossBoundaryEdinburgh by CTO record FPN onto PENSYS as per local procedure Is Ticket Paid? YES NO CTO will be notified as per normal procedure. CTO will follow local processes for Recordable / Not Recordable offences. CTO notify issuing officer to complete SPR, Copying CMU SPOC. Issuing officer will complete SPR as per cross boundary case reporting Process Map CMU SPOC Updates the record of Cross- Boundary FPN and stores. (Publication Scheme) 18

19 Appendix F N Division Completed Notices Reporting officer submits yellow copy of COFP to supervisory officer by end of duty shift. Supervisory officer will check and forward to the appropriate Area Command administration office or Road Policing administration. Administration create an incident and complete report tracking and FILE Incident. Administration complete Crime Recording with details of Fixed Penalty / Conditional Offer and Offence code. Administration create nominal and add charge code details as COFPADMIN Administration write incident number on the yellow copy of the COFP. Administration retains the yellow copy. Clerk of Court notifies Force Information Management Unit (FIMU) who inform Area Command / Road Policing administration when offender pays COFP or if not paid within prescribed period. When Fixed Penalty return received from FIMU, Administration unfile incident and add PAID or UNPAID write-off. If paid, Administration file yellow copy. If un-paid, Area Command / Road Policing administration creates crime report using offence charge code on COFP and returns via supervisory officer to the issuing officer, requesting submission of crime report to Procurator Fiscal. YELLOW copies of COFP become case related documents; The COFPN Cross Boundary Process for N Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 19

20 Complete BSU /RPU Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - N Division Issuing Officer Supervisor Business Support / Road Policing Scottish Court Services (SCS) Non N Division officer detects RT CONOFF offence and issues Fixed Penalty Notice (FPN) Officer attends at a local Police station and locates a supervisor Supervisor checks FPN, ensuring that it is marked Cross Boundary. Supervisor forwards FPN to either Business Support Unit (BSU) or Road Policing Unit (RPU). BSU / RPU record FPN onto IMPACT as per local procedure but record the reporting officer as the Local Supervisor BSU / RPU forward FPN to Scottish Court Services BSU / RPU receive weekly output from SCS which highlights all unpaid/paid FPN`s. BSU / RPU will compile basic report on ICRS and allocate to Supervisor SCS Process FPN via Clerk of Court Unpaid FPNs notified to Local BSU / RPU Supervisor notifies Reporting Officer that the FPN is unpaid and to compile summary Reporting Officer s summary to Local Supervisor Supervisor will add details given and complete SPR as per guidance. (Section 10). BSU / RPU updates the record of Cross Boundary FPN and stores (Publication Scheme) 20

21 Appendix G Completed Notices G, U, Q, K and L Divisions The completed Part 1 (yellow) and Part 3 (blue) will be kept together and passed to a supervisor prior to the officer terminating duty. Supervisor will check and sign the yellow copy, thereafter keeping Parts 1 and 3 together; Supervisor will sort the notices into batches of no more than 25 according to the date of issue and the notice type (i.e. non-endorsable and endorsable); These batches are forwarded, on a daily basis, to Divisional Administration, where they will be placed and sealed inside the appropriate green bags; Divisional Administration forwards the sealed green bags to the Central Processing Office (CPO), located Within Police Scotland, Clyde Gateway, Dalmarnock. Any unpaid Conditional Offers issued by roads policing and support services officers in the legacy Strathclyde area will be transferred to Standard Prosecution Report (SPR) by the Strathclyde Road Policing Case Reporting Unit. Conditional Offers issued by divisional officers in G, U, Q, K and L Divisions will have their tickets processed by their respective Case Management Units. The COFPN Cross Boundary Process for G, U, Q, K and L Divisions is shown as a cross-functional flowchart, overleaf: (Publication Scheme) 21

22 Complete CTO Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - G, U, Q, K and L Divisions Issuing Officer Supervisor CTO Div SPOC Non G, K, L, Q or U Division officer detects RT CONOFF offence Officer selects G, K, L, Q or U Division FPN book and issues ticket indicating Cross-Boundary within evidential notes Officer attends at a local Police office within former G, K, L, Q or U division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary Supervisors forwards FPN to Central Ticket Office (CTO) Officer returns to home division and refers to the Criminal Justice Cross Boundary information and completes `Record of Cross Boundary FPN` and forwards to G, K, L, Q or U Division SPOC CTO record FPN onto CONOFF as per local procedure but record the reporting officer as the Cross- Boundary SPOC. CTO forward FPN to Scottish Court Services CTO will Interrogate CONOFF under the SPOC s URN to highlight all unpaid FPNs, update CHS and forward packages to G, K, L, Q or U Division Cross-Boundary SPOC The G,K,L,Q or U division Cross Boundary SPOC will prepare all SPR cross boundary cases as per existing local procedures, using the Cross Boundary SPOC's details as the reporting officer and liaise as required with the issuing officer for any post report information. The G, K, L, Q or U division Cross- Boundary SPOC will manage all Record of Cross Boundary FPN forms and update and store as necessary (Publication Scheme) 22

23 Appendix H D Division Completed Notices Once a Conditional Offer of Fixed Penalty has been issued to an offender the issuing officer will complete the details on the police copy and pass it to a supervisor prior to terminating duty. Once the Conditional Offer Fixed Penalty is processed by a supervisor it should be forwarded immediately via internal mail to the Central Ticket Office (CTO). CTO input the details onto their IT system. The details are then electronically submitted to the court. The court then return payment / non-payment information electronically to the CTO. CTO then generate a Police Report in the reporting officers electronic work basket, in respect of unpaid Conditional Offers. The officer should then submit a report to the PF in the usual way. The COFPN Cross Boundary Process for D Division is shown as a crossfunctional flowchart, overleaf: (Publication Scheme) 23

24 Complete BSU Processing Record QA Check Issue of Ticket COFPN Cross Boundary Process - D Division Issuing Officer Supervisor BSU Div SPOC Non D Division officer detects RT CONOFF offence Officer Contacts D Div ACR for Incident No. Officer selects C Division FPN book and issues ticket indicating cross boundary within evidential notes. Officer attends at a local Police office within D division and locates a Supervisor Supervisor quality checks FPN, ensuring it is marked Cross Boundary and includes officer s . Officer returns to home division and refers to the Criminal Justice Cross Boundary information and completes `Record of Cross Boundary FPN` and forwards to D Division SPOC Supervisors forwards FPN to Central Ticket Office (CTO) CTO record FPN as per local procedures. CTO forward FPN to Scottish Court Services CTO informed ticket unpaid, raise SPR on SMART 2 in Supervisors name and compile SPR (abbreviated report using on ticket to contact Officer for further information) CTO compete and submit SPR to PF CTO manage all further correspondence between RO and SPOC, as required. The D Division cross boundary SPOC will update the record of cross boundary FPN form and store. 24 (Publication Scheme)

25 Appendix I List of Associated Legislation Road Traffic Offenders Act 1988 Road Traffic Act 1988 Road Vehicles (Construction and Use) Regulations 1986 Road Traffic Regulation Act 1984 Motorway Traffic (Scotland) Regulations 1995 Motorways Traffic (Speed Limit) Regulations 1974 Vehicles (Excise) and Registration Act 1994 Road Vehicles Lighting Regulations /60/50 Temporary Speed Limit Order 1978 The Fixed Penalty (Amendment) Order 2013 Traffic Signs Regulations and General Directions 2016 (Publication Scheme) 25

26 Appendix J List of Associated Reference Documents Policy Road Policing Policy Standard Operating Procedures Record Retention SOP Guidance Lord Advocate Guidelines on conditional offers (confidential document available locally form Road Policing). Lord Advocate Guidelines on the reporting of cases to the Procurator Fiscal for Offences under Section 3 of the Road Traffic Act Operational Guidance Conditional Offer for Section 3, Road Traffic Act 1988 (Careless Driving) and Increased Fixed Penalty Fine Levels. National Cross Boundary Fixed Penalty Issue Guidance (Publication Scheme) 26

27 Appendix `K` List of Conditional Offer Offences Endorsable CODE PENALTY L Driver Unsupervised RTA 1988 Sec 87(1) p/p L Driver Without L Plates RTA 1988 Sec 87(1) p/p L Driver With Unqualified Passenger RTA 1988 Sec 87(1) p/p Driving With Incorrect Class of Licence RTA 1988 Sec 87(1) p/p Dangerous Condition / Load / Use / Carriage of Passengers: CODE PENALTY Dangerous Parts & Accessories RTA 1988 Sec 40A(a) p/p Dangerous Use of Vehicle RTA 1988 Sec 40A(b) p/p Passengers Carried Dangerously RTA 1988 Sec 40A(c) p/p Dangerous Load RTA 1988 Sec 40A(d) p/p Leaving Vehicle in Dangerous Position RTA 1988 Sec p/p Use of Hand Held Mobile Phone while driving RTA 1988 Sec 41D (b) p/p Use of hand held Mobile Phone while Supervising a Learner driver RTA 1988 Sec 41D (b) p/p Use of hand Held device while Driving RTA 1988 Sec 41D (b) p/p Use of hand held Device while Supervising a Learner driver RTA 1988 Sec 41D (b) p/p Not in Proper Control of Vehicle or Have Full View RTA 1988 Sec 41D (a) Ahead p/p Defective Brakes / Steering / Tyres: CODE PENALTY Defective Brakes RV (C&U) R1986 Reg 18(1) p/p Defective Steering RV (C&U) R1986 Reg p/p Tyre - Unsuitable Type/Use RV (C&U) R1986 Reg 27(1)(a) p/p Tyre - Over/Under Inflated RV (C&U) R1986 Reg 27(1)(b) p/p Tyre - Cut in Fabric RV (C&U) R1986 Reg 27(1)(c) p/p Tyre - Lump/Bulge/Tear RV (C&U) R1986 Reg 27(1)(d) p/p Tyre - Ply/Cord Exposed RV (C&U) R1986 Reg 27(1)(e) p/p Tyre - Bare of Groove Not Visible (Others) RV (C&U) R1986 Reg 27(1)(f) p/p Tyre - Grooves Less Than 1.6mm (Cars/LG) RV (C&U) R1986 Reg 27(4)(f) p/p Tyre - Grooves Less Than 1mm (Others) RV (C&U) R1986 Reg 27(1)(g) p/p Tyre - Grooves Less Than 1mm (HGV) RV (C&U) R1986 Reg 27(1)(g) p/p Tyre - Different Structure on Same Axle RV (C&U) R1986 Reg 26(1) p/p (Publication Scheme) 27

28 Tyre - Different Structures on Different Axles RV (C&U) R1986 Reg 26(2) p/p Tyre - Insufficient to Support Axle Weight RV (C&U) R1986 Sec 25(1) p/p Speed Limit Offences Driving in Excess of 30mph Limit (BUA) RTRA 1984 Sec 81(1) p/p Driving in Excess of 40mph Limit (BUA) Local Legislation p/p Driving in Excess of 50mph Limit (BUA) Local Legislation p/p Driving in Excess of 60mph Limit (BUA) Local Legislation p/p Driving in Excess of Temporary SL Local Legislation p/p Driving at.mph in a 20mph Speed Limit Local Legislation p/p (BUA) Driving in Excess of 40mph Limit (Non BUA) Local Legislation p/p Driving in Excess of 50mph Limit (Non BUA) 70/60/50 TSL Order 1977 Para 2C or 3B p/p Driving in Excess of 60mph Limit (Non BUA) " " " p/p Driving in Excess of 70mph Limit (Non BUA) " " " p/p Driving in Excess of Temporary SL at School Local Legislation p/p Driving at... mph in a... mph Temp Speed Limit Local Legislation p/p (from BUA) Motorway Offences Driving in Excess of 70mph Speed Limit MT (SL) 1974 R p/p Driving in Excess of 60mph Speed Limit MT (SL) 1974 R p/p Driving in Excess of 50mph Speed Limit MT (SL) 1974 R p/p Driving in Excess of a Temporary Speed Limit Local Legislation p/p Making U Turn MT(S) Regs 1964 R5(5) p/p Not Obeying Red Traffic Light/Lane RTA 1988 Section p/p Change Sign Driving in Wrong Direction MT(S) Regs 1964 R5(3) p/p Stopping on Roadway MT(S) Regs 1964 R6(1) p/p Stopping/Driving on Verge MT(S) Regs 1995 R p/p Stopping/Driving on Central Reservation MT(S) Regs 1995 R p/p Reversing MT(S) Regs 1964 R p/p Driving a Lorry/Trailer in 3rd Lane MT(S) Regs 1964 R10(A)(2) p/p Driving an Excluded Vehicle (to be specified) MT(S) Regs 1964 R p/p Driving on Hard Shoulder MT(S) Regs 1964 R p/p L Driver on Motorway MT(S) Regs 1995 R p/p Neglect of Traffic Signs Not Obeying Red Traffic Light RTA 1988 Sec p/p Not Obeying Height Restriction RTA 1988 Sec p/p (Publication Scheme) 28

29 Not Obeying White Lines RTA 1988 Sec p/p Not Obeying a Policeman RTA 1988 Sec p/p Not Obeying Requirement to Phone at Level Crossing RTA 1988 Sec p/p Not Obeying Stop Sign RTA 1988 Sec p/p Not Obeying No Entry Sign RTA 1988 Sec p/p Not Obeying Traffic Light Direction Arrow RTA 1988 Sec p/p Neglect of Pedestrian Rights Using Vehicle in Designated Play Street Local Order p/p Zebra Crossing Offences Zebra Crossing - Stop on Crossing RTA 1988, Sec p/p Zebra Crossing - Stop in Controlled RTA 1988, Sec p/p Area Zebra Crossing - No Precedence to RTA 1988, Sec p/p Pedestrians (Only Zebra) Zebra Crossing - Overtaking Moving or Stationary Vehicle RTA 1988, Sec p/p Pelican/Puffin Crossing Offences Pelican Crossing - No Precedence to Pedestrians (Only Pelican) Road Traffic Regulation Act 1984, Sec 25(5) Pelican Crossing - Stop on Crossing Road Traffic Regulation Act 1984, Sec 25(5) Pelican Crossing - Stop in Controlled Road Traffic Regulation Act 1984, Area Sec 25(5) Pelican Crossing - Not Obeying Red Road Traffic Regulation Act 1984, Light Sec 25(5) Pelican Crossing - Overtaking Moving Road Traffic Regulation Act 1984, or Stationary Vehicle Sec 25(5) Puffin Crossing - No Precedence to Road Traffic Regulation Act 1984, Pedestrian Sec 25(5) Puffin Crossing - Stop on Crossing Road Traffic Regulation Act 1984, Sec 25(5) Puffin Crossing - Stop in Area of Road Traffic Regulation Act 1984, Crossing Sec 25(5) Puffin Crossing - Not Obeying Red Road Traffic Regulation Act 1984, Light Sec 25(5) p/p p/p p/p p/p p/p p/p p/p p/p p/p (Publication Scheme) 29

30 Puffin Crossing - Overtaking Moving or Stationary Vehicle Toucan Crossing Overtaking Moving or Stationary Vehicle RTA 1988 Sec p/p RTA 1988 Sec p/p Offences Peculiar to Motor Cycles Carrying More Than 1 Passenger on M/Cycle RTA 1988 Section 23(1) p/p Driving a M/Cycle With Passenger Not On Seat RTA 1988 Section 23(2) p/p Miscellaneous Motoring Offences Drive a Motor Vehicle Without any Insurance RTA 1988 Section p/p Fail to Supply Details of Driver RTA 1988 Section p/p Careless/Inconsiderate Driving RTA 1988 section p/p Non Endorsable Negligent Use of Motor Vehicle Parking Heavy Vehicle on Footway RTA 1988 Sec 19(1)(c) Leaving Vehicle in Dangerous Position RTA 1988 Sec (Non M/V) Vehicle Causing Obstruction RV (C&U) R1986 Reg Opening Door Dangerously RV (C&U) R1986 Reg Leaving Engine Running/Handbrake Off RV (C&U) R1986 Reg Not in Position to have Full View Ahead RV (C&U) R1986 Reg 30(1) Reversing Unreasonable Distance RV (C&U) R1986 Reg Vehicle Excise & Registration No Number/Hackney Plate Vehicle (Excise) & Reg Act Sec 42 Obscured Number/Hackney Plate Vehicle (Excise) & Reg Act Sec 43 Registration Mark (Size, Shape or (Reg & Use) Regs 1971 Reg Character of Letter) Vehicle Incorrectly Registered No Vehicle (Excise) & Reg Act Keeper Sec 43C Vehicle Incorrectly Registered Details Incorrect Vehicle (Excise) & Reg Act 1994 Sec 43C (Publication Scheme) 30

31 Defective Parts No/Insufficient Mirrors RV (C&U) R1986 Reg 33(1) No Horn RV (C&U) R1986 Reg 37(1)(a) Two Tone/Musical Horn RV (C&U) R1986 Reg 37(4) No Windscreen Washers RV (C&U) R1986 Reg 34(2) No Windscreen Wipers RV (C&U) R1986 Reg 34(1) Defective Windscreen Washers/Wipers RV (C&U) R1986 Reg 34(6) Petrol Tank Defective RV (C&U) R1986 Reg 39(2) No/Defective Speedometer RV (C&U) R1986 Reg 35(1)/36(1) No Wing/Mudguard Fitted RV (C&U) R1986 Reg 63(2) Internal Mirror Unframed/Dangerous RV (C&U) R1986 Reg 33(3) Windows Not Clean RV (C&U) R1986 Reg 30(3) Unauthorised Glass Fitted RV (C&U) R1986 Reg 31(2) No Seat Belts RV (C&U) R1986 Reg Badly Maintained Seat Belts RV (C&U) R1986 Reg No Anchorage Points RV (C&U) R1986 Reg 46(3) Not Equipped with Suitable/Sufficient RV (C&U) R1986 Reg 22(1) Springs Dirty Exhaust RV (C&U) R1986 Reg 61(1) Neglect of Traffic Directions Not Obeying Red Traffic Light (Non M/V) RTA 1988 Sec 36(1)(A) Not Obeying White Lines (Non M/V) RTA 1988 Sec 36(1)(B) Not Obeying a Policeman RTA 1988 Sec 36(1)(A), (Non M/V) (5)(B)(1)(B) & S3 Overtaking Where Prohibited RTA 1988 Sec 36(1) U-Turn Where Prohibited Local Order Applies Failing to Turn Left/Right RTA 1988 Sec 36(1)(A) Left/Right Hand Turn Where Prohibited RTA 1988 Sec 36(1)(A) Using Prohibited Vehicle on Restricted Road Local Order Failing to Stop When Required by PC RTA 1988 Sec 163(1) & (2) Not Obeying Give Way Sign or Line RTA 1988 Sec 36(1) Not Obeying Stop Sign (Non M/V) RTA 1988 Sec 36(1) Not Obeying No Entry Sign (Non M/V) RTA 1988 Sec 36(1) Not Obeying Direction Arrows RTA 1988 Sec 36(1) Not Obeying Bus Lane or Route Local Order Applies Not Obeying Cycle Lane Local Order Applies Not Obeying Box Junction Local Order Applies Not Obeying Width Restriction Local Order Applies Not Obeying Prohibition on Driving RTA 1988 Sec Not Obeying One-Way Traffic Direction Local Order Applies Not Obeying Minimum Speed Limit (M/V) RTRA 1984 Section 88(7) Not Obeying Temporary Prohibition RTRA 1984 Section 16(1) (Publication Scheme) 31

32 Restrictions Other Than Speeding Not Obeying Mini Roundabout Sign RTA 1988 Section 36(1)(a) Exceed Weight Limit on Bridge or Structure RTA 1988 Section 36(1)(a) Not Obeying Manual Stop Sign RTA 1988 Section 36(1)(a) Neglect of Pedestrian Rights Using Vehicle in Designated Play Street Local Order Applies (Non M/V) (RTRA 29(3)) Driving Elsewhere Than on a Road (M/V) RTA 1988 Section 34(A)(B) Driving on Footway RTA 1988 Section Stopping on/near Pedestrian Crossing (Non M/V) Not Giving Way to Pedestrian on Crossing (Non M/V) Overtaking on Approach to Zebra Crossing (Non M/V) RTA 1988 Sec RTA 1988 Sec RTA 1988 Sec Lighting Offences Showing Red Light to Front RVLR 1989 Reg 11(1) Showing a (Specific Colour) Light to Rear RVLR 1989 Reg 11(2) Lamp Movable While in Motion RVLR 1989 Reg 12(1) Light Not Steady RVLR 1989 Reg 13(1) Unauthorised Warning Beacon RVLR 1989 Reg Lamps Not Fixed/Not Correctly Fixed RVLR 1989 Reg Lamps/Reflectors Obscured RVLR 1989 Reg Unauthorised Lamps Fitted RVLR 1989 Reg Unlit Projecting/Overhanging Load RVLR 1989 Reg No Side Marker Lamps RVLR 1989 Reg 22(1) Devices/Headlights/Fog Lamps/Reversing RVLR 1989 Reg Lamps not Maintained No Position Lamps/Marker Lamps in Fog/ RVLR 1989 Reg At Night No Head Lamps/Fog Lamps in Fog/At Night RVLR 1989 Reg Warning Beacon Not Fitted RVLR 1989 Reg 17(1)(A) Warning Beacon Not Fitted RVLR 1989 Reg 17(1)(A) Warning Beacon Not Used RVLR 1989 Reg Headlamps/Rear Fog Lamps/Hazard RVLR 1989 Reg Warning Device/Optional Lamps Misused Defective Electrical Connections RVLR 1989 Reg 15(1) Noise Offences No Silencer RV (C&U) R1986 Reg 54(1) Defective Exhaust RV (C&U) R1986 Reg 54(2) (Publication Scheme) 32

33 Not Stopping the Engine RV (C&U) R1986 Reg 98(1) Sounding Horn When Stationary RV (C&U) R1986 Reg 99(1)(a) Sounding Horn at Night RV (C&U) R1986 Reg 99(1)(b) Unnecessary/Excessive Noise RV (C&U) R1986 Reg Load Offences Overloaded Vehicle (Not Overweight Veh) RTA 1988 Section 40A(d) Trailer Offences Drawing More Than Permitted Number of RV (C&U) R1986 Reg Trailers Towing Rope Too Long RV (C&U) R1986 Reg 86(1) Offences Peculiar to Motor Cycles No Foot Rest RV (C&U) R1986 Reg Side Car Not Properly Attached RV (C&U) R1986 Reg No Protective Headgear RTA 1988 Sec 16 & Motor Cycles (Protective Helmets) Regs 1980 Reg 4(1) Fail to Conform to Prescribed Standard (Visor Regulations) Motor Cycle (Eye Protectors) Reg Miscellaneous Motoring Offences No Rear Guard RV (C&U) R1986 Reg 49(3) Defective Rear Guards RV (C&U) R1986 Reg No Side Guards RV (C&U) R1986 Reg Defective Side Guards RV (C&U) R1986 Reg No Spray Suppression Equipment RV (C&U) R1986 Reg Defective Spray Suppression Equipment RV (C&U) R1986 Reg Dangerous Mascot RV (C&U) R1986 Reg 53(1) Visible/Distracting Television RV (C&U) R1986 Reg 109(1) Passengers In The Caravan RV (C&U) R1986 Reg 90(3) Insecure Lifting Appliance RV (C&U) R1986 Reg No Height Marking RV (C&U) R1986 Reg 10(2) Not Wearing Seat Belt RTA 1988 Sec 14(3) Child in Front/Back Seat Without Seat Belt RTA 1988 Sec 15(4) Child in Front/Back Not Appropriately RTA 1998 Sec 15(various) Restrained Drive a Motor Vehicle Without Current Test Certificate RTA 1988 Sec (Publication Scheme) 33

34 Appendix L Glossary of terms CAAPD FIMU COFPN COPFS DVLA IVPD PDA PF SOP SPOC SPR Criminal Allegations Against the Police Division Force Information Management Unit Conditional Offer of Fixed Penalty Notice Crown Office and Procurator Fiscal Service Driver and Vehicle Licensing Agency Interim Vulnerable Persons Database Personal Digital Assistant Procurator Fiscal Standard Operating Procedure Single Point of Contact Standard Prosecution Report (Publication Scheme) 34