Commentary on Sections Part 11 – Fixed Penalties
283.Part 11 gives police powers to issue fixed penalty notices for a range of low-level, antisocial offences, including being drunk and incapable in a public place, vandalism and breach of the peace. If the fixed penalty is paid that is the end of the matter. However, the alleged offender may challenge the fixed penalty notice in which case the police will submit a report to the Procurator Fiscal for consideration of prosecution. The Lord Advocate will provide guidance to the police on the operation of the scheme, which will be piloted.