ANTISOCIAL BEHAVIOUR FIXED PENALTY NOTICES. Standard Operating Procedures

Transcription

1 ANTISOCIAL BEHAVIOUR FIXED PENALTY NOTICES Standard Operating Procedures Owning Department: Local Policing Author / Reviewer: XXX Sect 30 (c) Version number: 1.01 Date published: 16/07/2013 Due for review on: 01/07/2014 EIA Completed: In progress ECHR compliant: Yes Data Protection compliant: Yes FOI compliant: Yes Health & Safety compliant: Yes GPMS compliant: Yes Records Management compliant: Yes Version 1.01 NOT PROTECTIVELY MARKED

2 1. INTRODUCTION 2. FIXED PENALTY NOTICES CONTENTS 3. CRITERIA FOR ISSUING A FIXED PENALTY 4. MULTIPLE OFFENDERS 5. MULTIPLE OFFENCES 6. REPEAT OFFENDERS 7. MORE SERIOUS OFFENCES 8. ISSUING ASB FPNS 9. GUIDANCE ON COMPLETION 10. USE OF COMMAND AND CONTROL 11. FAULTY/SPOILED NOTICE 12. SUPERVISORY CHECKS 13. FINGERPRINTS, PHOTOGRAPHS AND DNA 14. PRODUCTIONS 15. SCRO 16. USE OF THE SCOTTISH INTELLIGENCE DATABASE 17. ADMINISTRATION PROCEDURES 18. FORMS/TICKETS 19. REVOCATION OF AN ASB FPN 20. PAYMENT OF AN ASB FPN 21. COURT HEARING REQUEST 22. FAILURE TO PAY WITHIN 28 DAYS 23. FOREIGN NATIONALS 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE Version 1.01 NOT PROTECTIVELY MARKED 2

3 APPENDICES In Use Appendix A C Division Yes Appendix B V Division Yes Appendix C P Division Yes Appendix D A and B Divisions Yes Appendix E E and J Divisions Yes Appendix F N Division Yes Appendix G G, U, Q, L & K Divisions Yes Appendix H D Division Yes Appendix I List of Associated Legislation Yes Appendix J List of Associated Reference Documents No Appendix K List of Associated Forms No Appendix L Glossary of Terms No Version 1.01 NOT PROTECTIVELY MARKED 3

4 1. INTRODUCTION 1.1 The Antisocial Behaviour etc. (Scotland) Act 2004, hereafter referred to as the Act, provides a range of effective measures with which to tackle antisocial behaviour. 1.2 The issue of Fixed Penalty Notices (FPN) for antisocial behaviour will serve to minimise police bureaucracy and maximise officers' time spent on the street to deal with other crimes and offences. 2. FIXED PENALTY NOTICES 2.1 The Act provides that a constable may issue an ASB FPN notice to an offender aged 16 years or over where there is reason to believe that a person has committed one of the 10 penalty offences: 2.2 Offences permitted to be the subject of a fixed penalty notice are listed in section 128, Antisocial Behaviour etc. (Scotland) Act 2004 and are as follows: Section 115 of the Licensing (Scotland) Act 2005 Disorderly conduct while drunk in licensed premises Section 116 of the Licensing (Scotland) Act 2005 Behaving in a disorderly manner and refusing to leave licensed premises on being requested to do so Section 47 of the Civic Government (Scotland) Act 1982 Urinating or defecating in circumstances causing annoyance to others Section 50(1) of the Civic Government (Scotland) Act 1982 Being drunk and incapable in a public place. (Generally a Police warning will be given to persons arrested for minor examples of this offence. Accordingly officers should not issue an ASB FPN in such circumstances) Section 50(2) of the Civic Government (Scotland) Act 1982 Being drunk in a public place in charge of a child (It will rarely be appropriate to issue a fixed penalty notice in respect of this offence, and would only be suitable where the offender s ability to care for the child in his/her charge does not appear to be significantly impaired by the fact of being under the influence of alcohol). Section 54(1) of the Civic Government (Scotland) Act 1982 Persisting to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop Section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 Vandalism Sections 201 and 203 of the Local Government (Scotland) Act 1973 Consuming alcoholic liquor in a public place Version 1.01 NOT PROTECTIVELY MARKED 4

5 Breach of the peace Malicious mischief Section 1(1) of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 Offensive behaviour at regulated football matches. 2.3 This provision is merely an additional option and does not affect an officer using their discretion when dealing with such matters. 2.4 Powers of arrest, where available, for offences included in the scheme remain unchanged and should be exercised where appropriate and proportionate. 2.5 The Lord Advocate has instructed that, in general, ASB FPNs should be issued only in respect of minor examples of those offences listed in the schedule of penalty offences. See Lord Advocates Guidelines for the operation of Fixed Penalty Notice scheme under the Antisocial Behaviour (Scotland) Act 2004 for additional information. The evidential requirements are unchanged and, accordingly, officers should only issue an ASB FPN in circumstances where there is a sufficiency of evidence to establish the commission of an offence and the identity of the offender. 2.6 The acceptance of an ASB FPN is an opportunity for the offender to pay the requisite sum, thereby discharging any liability to be convicted of the offence to which the notice relates. Furthermore, it is not to be regarded as an admission of guilt on the part of the offender. Once the notice is issued, the offender may elect to pay the ASB FPN or request a court hearing within 28 days. Failure to do so will result in the registration of a fine by the court of one and a half times the penalty amount. Where a fine is not paid, the Scottish Court Service will start a process to recover the outstanding penalty. The payment of an ASB FPN will not result in a record of criminal conviction, although details will be retained for a period of two years on the antecedent chapter of the Criminal History System (CHS) and may be considered relevant information in any enhanced disclosure application received by any Police Force. 2.7 Only when a court hearing is requested, or where there is a question around the offender s identity, will an officer be required to submit a standard prosecution report (SPR). 3. CRITERIA FOR ISSUING A FIXED PENALTY NOTICE 3. 1 An ASB FPN may be issued by a constable either in a public or private place, including on release from custody, in circumstances where: (a) he or she has reason to believe a person has committed a penalty Version 1.01 NOT PROTECTIVELY MARKED 5

6 offence and there is sufficient evidence to report that individual to the procurator fiscal; and/or (b) the offence is minor and is of a nature suitable for being dealt with by a penalty notice; and/or (c) the offender is suitable, compliant and able to understand the offence (s)he is alleged to have committed; and/or (d) the offence did not involve an offender below the age of 16 years; and (e) officers are able to prove the identity of the offender, should this be disputed at a later date. 3.2 Where an offender is detected after a crime report has been raised, so long as it is within a reasonable time scale, it will be competent to issue an ASB FPN. This will, however, require the officer to update the Crime report with Disposal by way of FPN or relevant disposal code. 3.3 Where an offender is the subject of an outstanding warrant, given the wide range of offences and different types of warrants available, it is imperative that each case is assessed on its own merits as to whether an ASB FPN is an appropriate disposal option. In general however: (a) Means Enquiry - An ASB FPN would be an appropriate disposal. (b) Extract Conviction - An ASB FPN may be a competent option for disposal based on whether the offender is able to pay the amount outstanding or indeed the period of detention is sufficiently short to allow for the payment of the FPN or request a hearing within the 28 day period. (c) Apprehension - Given the potential for that person to receive a custodial sentence/remand for the apprehension warrant, it may not be appropriate to issue an ASB FPN. (d) English/Welsh - Given the broad spectrum of offences and circumstances for which an English/Welsh warrant may be issued, each case must be considered on its own merits. 3.4 In all cases an officer must carefully consider the range of criminal justice disposal options available to them before concluding on the most appropriate course of action. 3.5 Officers should not issue an ASB FPN where: The Offence:- (a) involves persistent alarming conduct; and/or (b) involves a major disturbance; and/or (c) involves a pattern of behaviour involving harassment or intimidation; and/or Version 1.01 NOT PROTECTIVELY MARKED 6

7 (d) involves an aggravation, e.g. homophobic, racial, religious or breach of an antisocial behaviour; order and/or (e) relates to domestic violence; and/or (f) is football related; (A notice may, however, be issued to persons urinating in a public place whilst going to or from a match.) and/or (g) is of a sexual nature. The Offender:- (a) is known to be subject to bail; and/or (b) is the subject of a supervision order. If such an offender is issued with an ASB FPN, this can be revoked as per section 19 of this document, Revocation of FPN, and an SPR submitted in the usual manner. Where there is more than one offender, they can be dealt with as individuals as per the provisions in section 4, Multiple Offenders ; and/or (c) has been issued recently with more than one ASB FPN, or has convictions, for the same offence, details of which are held on CHS (The Lord Advocate defines recent as being within the last six months.); and/or (d) has previously been issued with more than one ASB FPN for the same offence, but has failed to pay the fine on more than one occasion; and/or (e) is to be charged with a more serious offence. (Any lesser offence should not be dealt with by way of ASB FPN.); and/or (f) has no verifiable address. 4. MULTIPLE OFFENDERS 4.1 Where an offence is committed by several offenders aged 16 and over, careful consideration must be given to the appropriate disposal for each individual. It is acceptable for one person to be given a fixed penalty, whilst the other offender(s) from the same incident receive different types of disposal. 4.2 Where the police have used direct measures, in this case, ASB FPNs, in relation to multiple offenders and one or more of these individuals contest the ASB FPN, the fact that other persons were involved should be included in the standard prosecution report. The name, date of birth of the other offender(s) and type of direct measure(s) used (for example, ASB FPN) must be included in the Remarks section. The full particulars of the other individual(s) and the fact that they have accepted a direct measure, be that in this case an ASB FPN, should not be stated within any disclosable areas of an SPR. Version 1.01 NOT PROTECTIVELY MARKED 7

8 4.3 Where a person aged below 16 and an individual aged 16 years or over are jointly responsible for a penalty notice offence, a penalty notice will not be appropriate. 5. MULTIPLE OFFENCES 5.1 An ASB FPN will not be issued to any person who is known to have committed more than one offence in relation to the same incident. 6. REPEAT OFFENDERS 6.1 It is not the intention of the scheme to routinely allow repeat offenders to avoid court proceedings. Each offence/offender should be assessed individually to ascertain the appropriate disposal. 6.2 Officers should confirm the status of an offender via CHS prior to issuing an ASB FPN to ensure that it is competent to do so. See section 3, Criteria for Issuing a FPN. 7. MORE SERIOUS OFFENCES 7.1 Where a penalty notice is issued for a penalty notice offence and it subsequently comes to light that a more serious or non-penalty notice offence was committed on the same occasion, officers may report the offender for the subsequent offence. Payment of a penalty notice discharges the recipient's liability to conviction only for the offence for which the notice was issued. Ultimately, the Procurator Fiscal will determine, based on the facts of the case, whether a prosecution may be brought in respect of the subsequent offence, and it will be for the courts to decide whether or not to allow such a prosecution. 8. ISSUING ASB FPNS 8.1 An ASB FPN may be issued by a constable to an offender at numerous points during their contact with the police and the decision to issue the ASB FPN can be made by the officer at the time of the offence or subsequently by an officer reviewing the circumstances, ie custody officer or crime manager. 8.2 When it has been established that the issue of an ASB FPN is the most appropriate disposal for an offender giving consideration to that individual s overall profile and the circumstances of the offence, a constable may issue the ASB FPN either in a public or private place, including on release from custody. Version 1.01 NOT PROTECTIVELY MARKED 8

9 8.3 Street Issue On electing to dispose of an offence by way of fixed penalty, the officer will: (a) issue an ASB FPN to the offender, taking into consideration the aforementioned guidelines; (b) charge the person in the usual manner; (c) update the relevant data systems prior to finishing his/her tour of duty (see Appendix A-H for local instruction); and (d) where possible be checked by a supervisor, and thereafter forwarded to the relevant department for processing. 8.4 Custody Issue The relevant supervisor, in consultation with the reporting officer, may agree to dispose of an offender by way of an ASB FPN. (a) Offenders shall be processed in the normal manner and the relevant data system updated. Fingerprints, photographs and DNA will be taken where appropriate. (b) In circumstances where it is competent to issue an ASB FPN and this is accepted by the offender, this will be completed by the arresting officer and placed within the offender s property bag. The arresting officer will thereafter update the relevant data systems (see appendix A-H for local guidance) prior to completing his/her tour of duty. It will not be competent for the offender to change his/her mind following acceptance of the ASB FPN. Offenders should thereafter be informed that if they wish to contest the ticket, they must follow the instructions thereon. (c) In circumstances where it is competent to issue an ASB FPN and the offender is not in a position to accept this by virtue of his/her condition, this will be completed by the arresting officer and placed within the offender s property bag. Should the offender refuse to accept the ASB FPN on release from custody, the custody sergeant will be responsible for ensuring that the ASB FPN is voided and forwarded to the relevant Department for progression. The custody sergeant will thereafter ensure that a crime report is raised and the relevant data systems updated. 9. GUIDANCE ON COMPLETION 9.1 General operational guidance, relevant offences and instructions on how to complete the ticket can be found on the cardboard cover of the ticket. Note: Procedures involving PDA may differ. 9.2 Handwriting should be in black ink, clear and concise, and should: (a) state the alleged offence, e.g. breach of the peace; Version 1.01 NOT PROTECTIVELY MARKED 9

10 (b) give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it, e.g. shout and swear to the annoyance of the lieges; (c) state the amount of the fixed penalty; (d) state the clerk of the court to whom, and the address at which, the fixed penalty may be paid (relative to the locus of the offence); (e) inform the person to whom it is issued of his/her right to request a court hearing for the alleged offence and explain how that right may be exercised; (f) if an error is made during the completion of an ASB FPN, the entry in question will be scored through with a single line. No attempt will be made to obliterate or alter the entry. The correction will then be entered in the succeeding box/space in the field concerned; and (g) where the error cannot be corrected, e.g. insufficient space is left in the field for an amended entry, the notice in question should be spoiled (see section 11, Faulty/Spoiled Notice ) and a fresh ASB FPN issued. 9.3 The cover/pda details offences and their codes. It also shows the court codes. These should be entered in the appropriate section of the ticket. 9.4 Where a penalty notice is partly completed, but not issued for any reason, the notice should be clearly marked as VOID and the ticket (in its entirety) passed to the appropriate department for audit purposes. Any identified training issues should be notified by to the respective divisional Administration Department. 10. USE OF COMMAND AND CONTROL 10.1 Officers will record an ASB FPN disposal for an offender in response to an incident in the usual manner. In circumstances where the detection is self-generated, officers will ensure that a command and control incident is created. 11. FAULTY/SPOILED NOTICE 11.1 Books of tickets should be checked on issue and where a printing error is found on a notice it should be returned to the relevant Department for cancellation of that notice. Serviceable notices remaining in the book can be issued as normal Where a notice is 'spoiled' through damage or irretrievable error it should be passed to the relevant Department for audit purposes. (see Appendix A-H for local instruction) Version 1.01 NOT PROTECTIVELY MARKED 10

11 12. SUPERVISORY CHECKS 12.1 The completed ticket should be passed, where ever possible, to a supervisor prior to the issuing officer completing their tour of duty. The supervisor will check the ticket and thereafter forward same to the relevant Department. 13. FINGERPRINTS, PHOTOGRAPHS AND DNA 13.1 Persons arrested in circumstances where an ASB FPN is to be issued will be processed in accordance with existing procedures. 14. PRODUCTIONS 14.1 Where applicable, productions will be handled in accordance with existing procedures (see Productions SOP). 15. CHS 15.1 CHS will be updated for each ASB FPN issued. The relevant Department will ensure CHS are advised where an offender has requested a court hearing. This will allow for the offender s record to be updated to show a pending case. 16. USE OF THE SCOTTISH INTELLIGENCE DATABASE 16.1 Where the issue of an ASB FPN includes intelligence which meets the standard grounds for intelligence submissions, then the enquiry officer will submit an intelligence entry on SID. Please note that to access this system, Officers and staff must receive appropriate training. For information please contact the Training, Education and Development Department. 17. ADMINISTRATION PROCEDURES 17.1 Initial Administration Procedures ASB FPNs will be issued by the officer concerned and completed by the end the tour of duty, where ever possible checked by the supervisor and forwarded to the relevant Department for auditing and appropriate checks. The notice will thereafter be forwarded in accordance with local guidance (see Appendix A-H). Version 1.01 NOT PROTECTIVELY MARKED 11

12 17.2 Request Hearing Courts will notify the appropriate Department that the offender has requested a court hearing, who, in turn will ensure the offender s CHS record is updated to show a pending case. A SPR will thereafter require to be submitted Unpaid (Offender Denies Receipt of FPN) Courts will notify the PSoS that the offender has denied receipt of the ASB FPN. The reporting officer will be required to confirm the identity of the recipient. In circumstances where there has been an error in the identity of the offender, the officer will revoke the ASB FPN in accordance with section 19, Revocation of FPNs. Where the ASB FPN was correctly issued, namely the identity is confirmed, the officer shall submit an SPR and revoke the notice as above. 18. FORMS/TICKETS 18.1 See Appendix A-H for Geographical Guidance. 19. REVOCATION OF AN ASB FPN 19.1 If an ASB FPN is issued to a person and a constable determines that either of the conditions mentioned below are satisfied, the constable may revoke the notice Those conditions are: that the offence to which the ASB FPN relates was not committed; and that the notice ought not to have been issued to the person named Where the penalty notice is revoked, no amount shall be payable and any amount paid will be refunded by the appropriate court. This will not prevent the subsequent submission of a SPR All revoked tickets should be forwarded to the relevant Department for administration and CHS updated accordingly. 20. PAYMENT OF A ASB FPN 20.1 The sum stated on the ASB FPN is payable as per the instruction provided on the ticket. Version 1.01 NOT PROTECTIVELY MARKED 12

13 21. COURT HEARING REQUEST 21.1 If the recipient requests a court hearing for the alleged offence, a standard prosecution report will be submitted to the Procurator Fiscal for their consideration Such a request shall be made by the recipient, in the manner specified in the ASB FPN and within the period so specified by virtue of the Act (28 days). 22. FAILURE TO PAY WITHIN 28 DAYS 22.1 If, by the end of the period of 28 days, the fixed penalty has not been paid and the recipient has not made a request for a court hearing, then he or she will be automatically liable to pay to the clerk of the court specified in the ASB FPN a sum equal to one and a half times the amount of the fixed penalty A sum for which the recipient is liable by virtue of the Act shall be treated as if it were a fine imposed by the court specified in the ASB FPN. 23. FOREIGN NATIONALS 23.1 It is unlikely that the circumstances would allow for the issue of an ASB FPN to a foreign national unless he or she has a permanent address in this country. If deemed appropriate, however, and the offender s first language is not English, guidance contained in the Interpreting and Translating Services SOP should be followed. 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE 24.1 Routinely, it is not anticipated that local police officers will be issuing FPNs across legacy Force boundaries with the exception of Road Policing Officers, Specialist Officers and at planned events Criminal Justice have produced Police Service of Scotland ASB FPN and Road Traffic Conditional Offers however due to existing I.T systems, which require existing legacy Force numbering systems for transferring the FPNs to the Scottish Court Service, it is not possible to use these tickets across legacy Force boundaries It has been necessary, therefore, to facilitate a business workaround to ensure cross boundary FPN issue can be accommodated. To achieve this all Road Policing Officers and Specialist Officers who could be Version 1.01 NOT PROTECTIVELY MARKED 13

14 reasonably expected to cross legacy Force boundaries will be issued with FPNs for all of those legacy Forces. Similarly any local police officers who attend planned events outwith their legacy force will be issued with FPNs for the legacy force they are visiting. Although all of the ticket books will now look similar in colour and content, inside the cover of the books the courts specific to the local area are listed and this will allow officers to differentiate between legacy Force books. Details for cross boundary local SPOCs are contained here Officers anywhere in Scotland will be able to issue Antisocial Behaviour Fixed Penalty Notices and Road Traffic Conditional Offers in any other part of Scotland provided they:- issue a ticket from a book relevant to that legacy Force area i.e. an officer previously employed within the legacy Central Scotland detects an offence cross boundary into the legacy Strathclyde will issue a ticket from the Strathclyde ticket book; and record the issue of that ticket as per the legacy forces FPN recording processes located within legacy force appendice PRODUCTIONS Any case related productions regardless of whether the case is custody or report/undertaking must be lodged in a police office within the area in which the offence was committed ISSUING OFFICER RESPONSIBILITIES The Reporting Officer should make every effort, at the time of the incident, to attend an office within the jurisdiction/locus of the offence. The Reporting Officer should:- update STORM/ control room of cross boundary FPN issue via airwave and note incident number; indicate on the FPN within the evidential section that the ticket is a cross boundary issue FPN; attend the nearest police office within the legacy area where ticket was issued and transfer the FPN to a local supervisor (see supervisor s responsibilities below); return to their home area and access the PSoS Intranet and read the Anti Social Behaviour Fixed Penalty Notices PSoS SOP and go to the Cross Boundary Fixed Penalty Notice Guidance; select the appropriate legacy force where the FPN was issued and access the Step by Step Local Guidance for Fixed Penalty Notice Issuing for local recording guidance within the appendices; complete a copy of the Record of a Cross Boundary FPN ; and Version 1.01 NOT PROTECTIVELY MARKED 14

15 forward this form and any other relevant forms to the Cross Boundary SPOC within the area of the offence prior to going off duty In the event that the FPN becomes unpaid or challenged, the Reporting Officer will receive intimation of the failed status and be required to submit an SPR. The Reporting Officer should:- access the PSoS Intranet Page and locate the Case Reporting PSoS SOP, and read the Cross Boundary Case Reporting Section; select the appropriate legacy force where the offence was committed and access the Step by Step Local Guidance for Case Reporting ; select the appropriate SPR template and any other documents which require to be completed, save a copy and complete; and forward the completed case and any ancillary documents to the named Cross Boundary SPOC where the offence was committed and their home Cross Boundary SPOC. Please note it is the responsibility of the Reporting Officer to ensure the SPR is completed within the timescales specified for reported cases and undertakings. Any unpaid Conditional Offers issued in the legacy Strathclyde will be transferred to SPR by the Strathclyde Road Policing Case Reporting Unit PARTNERING UP WITH OFFICERS OUTWITH THE LEGACY HOME FORCE AREA In circumstances where an officer is partnered with an officer from outwith the legacy home Force area it is the responsibility of the legacy home Force Officer to issue all FPNs and report any subsequent cases as a result of non payment of fine or court hearing request. The Reporting Officer should note the corroborating officers URN and include it on the FPN. The Reporting Officer will then inform the Cross Boundary SPOC from the area where the offence was committed by completing the Record of a Cross Boundary FPN Form 24.8 SUPERVISOR S RESPONSIBILITY It is the responsibility of the supervisor to ensure any cross boundary FPNs are:- issued via the correct FPN book; correctly completed and marked cross boundary in the evidential section; Version 1.01 NOT PROTECTIVELY MARKED 15

16 recorded on all local IT systems and CHS (if appropriate) using the Cross Boundary SPOC as the reporting officer; and transferred to the local ticket processing office within 5 working days 24.9 CENTRAL TICKET PROCESSING RESPONSIBILITY It is the responsibility of the local ticket processing unit to: check each FPN for a cross boundary marker within the evidential section of the FPN; record the FPN within the processing system using the Cross Boundary SPOC from the area where the offence was committed or other locally agreed searchable identifier within the issuing officer field of the IT system as agreed; run a weekly search of the FPN IT system to highlight any unpaid FPNs; update CHS (if appropriate) of change in status of FPN; forward a list of all unpaid/challenged/requests for hearing request cross boundary FPNs to the Cross Boundary SPOC where the offence was committed at the nominated address from the List of Cross Boundary SPOCs CROSS BOUNDARY SPOC RESPONSIBILITY It is the responsibility of the Cross Boundary SPOC to:- monitor the Cross Boundary address every working day; inform the Reporting Officer of the need to submit an SPR2 in the event of challenge or non payment; and ensure the offender s CHS record has been amended in the event of challenge or non payment. Version 1.01 NOT PROTECTIVELY MARKED 16

17 APPENDIX A C DIVISION 2. FIXED PENALTY NOTICES Vandalism and Malicious Mischief The Lord Advocate s guidelines state, It will be appropriate to consider the issue of a fixed penalty notice in respect of offences of vandalism and malicious mischief where there is minor damage caused to property. Where an incident has resulted in substantial damage, and/or damage which is likely to result in significant cost to the owner of the property it would not be appropriate to issue the offender with a fixed penalty notice. A decision should not be taken not to issue a fixed penalty notice solely because it will limit the possibility of compensation being awarded to the owner of the property in the criminal courts; even if a case is reported to the Procurator Fiscal it will not necessarily result in prosecution for that reason. There is an agreement in the former area of Central Scotland Police with the Procurator Fiscal that the cost of damage had to be below 100 before an ASB FPN for Vandalism could be issued. Incidents in Licensed Premises Any incident involving licensed premises will continue to result in the submission of a report to the appropriate Licensing Board. 9. GUIDANCE ON COMPLETION In addition to the generic guidance the following should be followed for the former area of Central Scotland Police:- Court codes should be entered in appropriate places on the ticket. Each notice consists of 3 pages each of which must be completed fully and accurately. Omissions will be brought to the attention of the officer s supervisor. Page 1 (white) contains parts 1, 2 & 3 and is given to the offender. It provides instructions on accepting / declining the notice. Page 2 is the Police copy (green) and Page 3 is the Court copy (blue). Once completed the Police copy will be filed at the officer's station and Version 1.01 NOT PROTECTIVELY MARKED 17

18 the Court copy will be submitted to Business Services Unit. Where it is anticipated that an offender in custody may be subject to a penalty notice after some delay, e.g. to allow them to sober up / calm down etc., the Custody police staff should issue the fixed penalty notice as previously described. Where a penalty notice is partly completed but not issued for any reason, the notice should be clearly marked as VOID and the ticket (all copies), forward to the Business Services Unit for audit purposes. Completion of Page 1 Offenders Copy (White) Part 1 The offender's full details must be entered following verification of identity. The time, date and location of the offence must be completed. The date of issue must also be completed in all cases. Write in the correct 2-digit offence code as specified on the inside front cover of the fixed penalty book. Complete the 'Offence Particulars' and 'Contrary to' (where appropriate) sections, detailing the nature of the offence committed. Invite offender to sign Part 1. A signature is not an admission of guilt. Offenders are not obliged to sign the notice. Where an offender refuses to sign, write 'refused to sign' in place of their signature. Part 2 Completed by offender to make payment at the appropriate JP Court. They should be told they can pay the ticket at any Scottish Court or online at the Scottish Court service Website. Part 3 Completed by offender in order to request a Court Hearing. Completion of Page 2 Police Copy (Green) Details will have copied through from page 1, however, the Crimefile URN, additional details section at the bottom of this page and on the reverse must also be completed in every case. Officers should check the clarity of the copying. A detailed description of the offender must be given for identification purposes should the offender dispute the notice at a later date. Include details of marks, scars, tattoos etc. Version 1.01 NOT PROTECTIVELY MARKED 18

19 It is essential that appropriate verification of identity is made at the time of issue. The method of identification should be recorded at the 'I/D Checks Made' section. Evidential, Additional or General Notes' field used to record, where relevant, that video or photographic evidence of the offender is stored, details of any productions, further ID checks made at the time, witness details etc. Where issued by custody staff for an arresting officer then this should be recorded in this section. Details of an officer corroborating the evidence should be given in the space provided and the officer must sign in the space provided. The reporting officer's supervisor will complete the section at the bottom of this page having first ensured the quality of the evidence and ticket completion, ensuring that copying through tickets is legible. Completion of Page 3 Court Copy (Blue) All details should copy through from the previous two pages. Again check the clarity of the copying. 17. ADMINISTRATION PROCEDURES An officer who finds an offender committing a specified offence and decides to dispose of it by way of fixed penalty will: issue a notice to the offender taking into consideration the aforementioned guidelines; and charge that person as they currently do and record details in their official police notebook. The officer, prior to finishing their tour of duty, will create a Crimefile for the offence ensuring that: the fixed penalty notice URN is recorded under Div/Dept Ref; a task is raised through Voicebank to RECORDS for inclusion on CHS; and the 'ASB Fixed Penalty' marker is added. The accused status will remain as SUSPECT until notification from the JP Court is received of the result of payment i.e. The Crimefile will remain UNDETECTED until notification. The completed fixed penalty notice (blue copy) will then be forwarded immediately, via their line manager and internal mail, to the Business Services Unit for processing. The police copy (green copy) will be filed at the issuing officer's station. Version 1.01 NOT PROTECTIVELY MARKED 19

20 Custody Issue Powers of arrest for offences which may result in a Fixed Penalty Notice remain unchanged and can be exercised where appropriate. Police Custody Staff, in consultation with the reporting officer, may choose to dispose of arrested offenders by way of a notice. This disposal will be at the discretion of the Custody Sergeant. Offenders should be processed as normal, prior to release; the reporting officer, if still on duty, will issue a fixed penalty notice to the offender in relation to the offence and forward the Court copy of the penalty notice (blue copy) immediately, via their line manager and internal mail, to the Business Services Unit for processing. The police copy (green copy) will be filed at the issuing officer's station. if the reporting officer is no longer on duty or is unavailable at the time of release, sufficient details of the circumstances will be given to Custody Sergeant who will arrange issue of the fixed penalty notice on the release of the offender. Police staff will forward the completed fixed penalty notice to the reporting officer, who will then submit the blue copy of the fixed penalty notice to their line manager and via internal mail, to the Business Services Unit for processing and file the green copy at their station. The issuing officer should clearly mark in the 'Evidential, Additional or General Notes' section that this is a custody disposal and was issued on behalf of the reporting officer and clearly identify who that officer is. In all cases the reporting officer will create a Crimefile prior to finishing their tour of duty. The fixed penalty notice URN must be recorded under Div/Dept Ref within Crimefile created for the offence. Retrospective Issue A Constable who has reason to believe that a person aged 16 or over has committed a fixed penalty offence may issue the person a fixed penalty notice in respect of the offence. Whilst the law is silent on this area, legal advice suggests that retrospective issue is competent i.e. where evidence is available from witnesses and the accused is not traced at the time of the offence, it is competent to issue a fixed penalty notice at a later date. Business Services Unit The Business Services Unit will register notices and manage processes by way of the Courts Link computer system. Version 1.01 NOT PROTECTIVELY MARKED 20

21 18. FORMS The details for the Clerk of Court in the former Central Scotland Police area are: Clackmannanshire = 01 Falkirk = 02 Stirling = 03 Payment to be made to Scottish Court Service at: Alloa Sheriff and Justice of the Peace Court, Sheriff Court House, County Buildings, Drysdale Street, Alloa FK10 1JA Falkirk Sheriff and Justice of the Peace Court, Sheriff Court House, Main Street, Camelon, Falkirk FK1 4AR Stirling Sheriff and Justice of the Peace Court, Sheriff Court House, Viewfield Place, Stirling 20. PAYMENT OF A ASB FPN Where an offender pays the Court will update Courts Link and the Business Services Unit will update Crimefile with the 'ASB Fixed Penalty Paid' marker, move the Crimefile to DETECTED (date entered will be date BSU informed of the outcome and not date of caution and charge) and mark the accused s status as WARNED. A task will then be raised to the reporting officer informing him of the result and to consider disposal of any productions. There will be no further Business Services Unit involvement. 21. COURT HEARING REQUEST Where an offender requests a court hearing, Business Services Unit staff will notify the reporting officer and Records via tasking in Crimefile, the Crimefile will remain UNDETECTED at this stage. On receipt of this task, the reporting officer will move the Crimefile to DETECTED immediately and complete the 'Date Charged' field with the date the task was received and not the date of caution and charge. A Standard Prosecution Report will then be submitted through normal reporting procedures. Officers should record in the 'Summary of Events' section of the SPR that a fixed penalty notice was issued and the offender has requested a court hearing. When compiling the SPR the abbreviated report format should be used where appropriate. Where a request for a court hearing is received, normal procedures for detected Crimefiles will be followed. Version 1.01 NOT PROTECTIVELY MARKED 21

22 22. FAILURE TO PAY WITHIN 28 DAYS Where an offender fails to pay, the Court will update the Courts Link and the Business Services Unit will update Crimefile with the 'ASB Fixed Penalty Not Paid' marker, move the Crimefile to DETECTED (date entered will be date BSU informed of the outcome and not date of caution and charge) and mark the accused s status as WARNED. A task will then be raised to the reporting officer informing him of the result and to consider disposal of any productions. A fine will be registered by the local JP Court. No further officer involvement will be required. The local JP Court will commence a means court process in relation to the offender in an attempt to recover the fine. The process ends for the Business Services Unit. Fixed penalty cases will be recorded on PNC/CHS. These records are retained for a minimum of 2 years. Crimefile Approval When notification of a fixed penalty notice being paid or not paid is received by the reporting officer, he /she will arrange disposal of any productions and move the Crimefile to COMPLETE. The accused status on Crimefile will be shown as WARNING. The reporting officer's supervisor, once satisfied that all productions have been disposed of, will APPROVE the Crimefile. 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE See ASB FPN Cross Boundary Process Legacy CSP. Version 1.01 NOT PROTECTIVELY MARKED 22

23 APPENDIX B V DIVISION 8. ISSUING ASB FPNS (a) Update the relevant IMAGE entry, crime report and Case Pending notification systems. The ticket should thereafter be checked by a Supervisor and forwarded to Records Office. Custody Issue The appropriate shift or Duty Supervisor, in consultation with the reporting Officer, may agree to dispose of an offender by way of a fixed penalty ticket. Image, Case pending Notification and Crime Report system should all be updated. The Supervisor will ensure that the reporting Officer is made aware so that the Image entry, case pending notification and the crime report system can be updated. 9. GUIDANCE ON COMPLETION Where a penalty ticket is partly completed but not issued for any reason, the notice should be clearly marked as VOID and the ticket (in its entirety) passed to their Supervisor who will forward it to Records Department for audit purposes. 11. FAULTY/SPOILED NOTICES Books of tickets with printing errors should be returned to the Records Office. Where a notice is spoiled through damage or irretrievable error, all three parts should be passed to the record office for audit purposes. 12. SUPERVISORY CHECKS The supervisor will forward the checked ticket to the records department. Version 1.01 NOT PROTECTIVELY MARKED 23

24 14. PRODUCTIONS A lodgement of Production Form should be completed for lodging productions and given to the duty Supervisor along with the item seized 15. CHS Records Bureau will update CHS for each ASB FPN issued. Records Bureau will also ensure that the reporting officer and CHS are notified where an offender has requested a court hearing. 17. USE OF THE SCOTTISH INTELLIGENCE DATABASE Supervisors should pass checked notices to the Records Bureau. Courts will notify the Records Bureau that the offender has requested a court hearing who in turn will ensure the offenders record is updated to show a pending case. Courts will notify the Records Bureau that the offender has denied receipt of an ASB FPN. 18. FORMS/TICKETS The Fixed Penalty Notice Guidance on Completion Operational guidance and relevant offences are found on the cardboard cover of the ticket. Handwriting should be in black in, clear and concise. The cover shows offences and their codes. It also shows the court codes. These should be entered in appropriate places in the ticket. Each notice consists of 3 pages each of which must be completed fully and accurately. Omissions will be brought to the attention of the officer s supervisor. Page 1 (white) contains parts 1, 2 & 3 and is given to the offender. It provides instructions on accepting/declining the notice. Page 2 is the Police (green) copy and Page 3 is the Court (blue) copy. Once completed these will be submitted to Records Office via the ASB FPN Control Form at the end of duty. Where it is anticipated that an offender in custody may be subject to a penalty notice after some delay, e.g. to allow them to sober up/calm down etc., a police officer should issue the fixed penalty notice as previously described. Version 1.01 NOT PROTECTIVELY MARKED 24

25 Where a penalty notice is partly completed but not issued for any reason, the notice should be clearly marked as VOID and the ticket (all copies), passed to the Records for audit purposes. Page 1 Part 1: Field marked 'At. Hrs' is the time that the offence took place, not the time that the notice was issued. Invite offender to sign Part 1. A signature is not an admission of guilt. Offenders are not obliged to sign the notice. Where an offender refuses to sign, write 'refused to sign' in place of their signature. Write in the correct 2-digit offence code as specified on the cover of the fixed penalty book. Part 2: Completed by offender to make payment at the appropriate District Court. They should be told they must pay the ticket at the District Court in the Area Command that the offence occurred and the ticket was issued. Select and write in the box 1, 2 or 3 for the relevant court e.g. Dumfries 01, Annan 02 and Stranraer 03. The offender must be advised to pay the fine at this court. Part 3: Completed by offender in order to request a Court Hearing and should be forwarded by them to the Clerk of the relevant District Court. Page 2 Details will have copied through from page 1, and officers must add the relevant PDG number. The additional details section at the lower end and on the reverse must also be completed in every case. Officers should check the clarity of the copying. A detailed description of the offender must be given for identification purposes should the offender dispute the notice at a later date. Include details of marks, scars, tattoos etc. Evidential, Additional or General Notes' field used to record where relevant video or photographic evidence of the offender is stored, further ID checks made at the time, witness details etc. Details of an officer corroborating the evidence should be given in the space provided, any additional witnesses should be given in part 4a (Evidential, Additional or General Notes). Where issued by custody staff for an arresting officer then this should be recorded in this section. Details and signature of corroborating officer should be inserted at 4b Version 1.01 NOT PROTECTIVELY MARKED 25

26 Page 3 All details should copy through from previous two pages. Again check the clarity of the copying. 19. REVOCATION OF A FIXED PENALTY TICKET All revoked tickets should be forwarded to the relevant Department for administration and CHS updated accordingly. 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE See ASB FPN Cross Boundary Process Legacy D&G Version 1.01 NOT PROTECTIVELY MARKED 26

27 APPENDIX C P DIVISION In all cases in this Standard Operating Procedure, in relation to the area formally known as Fife, all reference to the relevant department will be the Central Ticket Unit. 2. FIXED PENALTY NOTICES In addition to the accepted ten penalty offences, Fife will also allow the issue of an ASB FPN for Section 38 Criminal Justice and Licensing (Scotland) This is in agreement with local Area Procurator Fiscal. 8. ISSUING ASB FPNS 8.1/8.2 STREET ISSUE AND CUSTODY ISSUE In relation to references of 'relevant data system', Fife currently utilise Crimefile crime recording system. 9. GUIDANCE ON COMPLETION All void tickets will be passed to the Central Ticket Unit. 17. ADMINISTRATION PROCEDURES Officers should on return to station, if relevant ensure a Crimefile entry has been made and these details added to Fixed Penalty Notice prior to submission. Thereafter submit Fixed Penalty Notice to local sergeant for endorsement before forwarding to Central Ticket Unit (CTU). CTU will be responsible for the administrative control of Anti Social Behaviour Fixed Penalty Notices. On receipt of the copy of the ASB FPN, CTU staff are required to ensure that the information contained on the ASB FPN is accurate. Any discrepancies will be addressed immediately by returning of the ASB FPN to source for amendment. CTU staff will, on a daily basis, interrogate the Pensys system and where the recipient has paid the Notice, CTU staff will update all Version 1.01 NOT PROTECTIVELY MARKED 27

28 relevant systems. Once ASB FPN has been paid there will be no requirement for officers to prepare a formal police report. If any productions have been taken in relation to the case, the reporting officer will be tasked to dispose of as per local instruction. CTU staff will also change Enquiry status from 'Enquiry Ongoing' to 'Complete' and approve the Crimefile. When the recipient fails to pay the Notice within the 28 days the fine will become a Registered Fine with the Scottish Court Service. No further Police involvement will be required. The Scottish Court Service will commence a process of fine recovery. Where the recipient requests a Court Hearing, CTU staff must task the Arresting Officer and Supervisor via the relevant Crimefile record to submit an SPR/ Abbreviated Report to the Procurator Fiscal. 18. FORMS The details for the Clerk of Court in the former Fife area are: Kirkcaldy = 01 Dunfermline = 02 Cupar = 03 Payment to be made to Scottish Court Service at: Sheriff and Justice of the Peace Court, Sheriff Court House, Whytescauseway, Kirkcaldy KY1 1XQ Sheriff and Justice of the Peace Court, Sheriff Court House, 1/6 Carnegie Drive, Dunfermline KY12 7HJ Sheriff and Justice of the Peace Court, Sheriff Court House, County Buildings, St Catherine Street, Cupar KY15 4LX 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE See ASB FPN Cross Boundary Process Legacy Fife Version 1.01 NOT PROTECTIVELY MARKED 28

29 APPENDIX D FORMER GRAMPIAN POLICE 2. FIXED PENALTY NOTICES The former area of Grampian Police do not issue ASB FPN s for: incidents in licensed premises; being drunk in charge of a child; or drunk and incapable. 4. MULTIPLE OFFENDERS In the former area of Grampian Police all offenders are treated consistently so either all are given ASB FPN s or all are the subject of a SPR. 8. ISSUING ASB FPNS 8.1/8.2 STREET ISSUE AND CUSTODY ISSUE Within the former Grampian Police area the police officer, prior to finishing their tour of duty will update the crime recording system Crimefile and forward the ASB FPN to their supervisor. Supervisors will check content of the ticket, check Crimefile and then forward the completed ticket to the Central Ticket office (CTO) for processing. 8.2c In this circumstance the custody officer will further update the Crimefile system. He/she would also update the custody record. Where the offender is not in a condition to receive the ASB FPN then the officer raises a Crimefile and partly completes the ASB FPN, omitting the date of issue, issuing officers and corroborating officer s details. Custody staff will issue the ticket on the release of the custody and update the relevant applications, Crimefile and Cellfile. Custody staff will then forward the ASB FPN to the CTO for processing. 11. FAULTY/SPOILED NOTICES The ASB FPN is passed via a supervisor to the CTO for audit purposes. Version 1.01 NOT PROTECTIVELY MARKED 29

30 15. CHS Updating CHS is picked up by staff within the records office from the officer s Crimefile. 19. REVOCATION OF A FIXED PENALTY TICKET The ASB FPN is passed via a supervisor to the CTO for audit purposes. 24. NATIONAL CROSS BOUNDARY FIXED PENALTY ISSUE GUIDANCE See ASB FPN Cross Boundary Process Legacy Grampian Version 1.01 NOT PROTECTIVELY MARKED 30