Commentary on Sections Part 1: Provisions for Combatting Crime and Disorder. Chapter 1: On the spot penalties for disorderly behaviour (Sections 1 to 11)
5.The Government issued a consultation paper on 26 September 2000 entitled “Reducing Public Disorder, the Role of Fixed Penalty Notices” (This was published by Home Office Communication Directorate and is available on the Home Office website at http://www.homeoffice.gov.uk.). The paper sought views on proposals to introduce penalty notices as a simple and swift way of addressing a range of low-level anti-social offending associated with disorderly conduct.
6.Whilst the conduct in question is already criminal, the need to focus police and court resources elsewhere means that much minor offending of this kind escapes sanction or consequence under current arrangements. In the light of the responses to the consultation paper the Government has introduced the provisions set out in sections 1 to 11. These provisions seek to provide a further means for the police to deal with low level, but disruptive, criminal behaviour.
7.They allow the police to issue penalty notices on the spot or at a police station for a range of disorder offences. These notices may be issued where there is reason to believe an offence has been committed, and where a penalty notice appears to be an appropriate response. The scheme is a discretionary one. Where a police officer believes that an offence is of such a nature that it should be dealt with by the courts, all the usual powers will be available to him to arrest and charge the alleged offender.
8.A penalty notice is notice of the opportunity to discharge any liability to conviction of the offence by payment of a fixed penalty. There is thus no criminal conviction or admission of guilt associated with payment of the penalty, though the alleged offender has the right to opt for trial by a court, and risk conviction, if he so chooses. Failure to pay the penalty or opt for trial may lead to the imposition of a fine equivalent to one and a half times the amount of the penalty on the defaulter.
9.The provisions are intended to be simple and straightforward and allow a considerable discretion to the police in their application. Guidance on the exercise of this discretion will be provided, and will be developed in partnership with the police.