This item was published during the term of a previous administration that ended in April 2007
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New police powers to tackle disorder
13/02/2007
Police have been given new powers to impose fixed penalty notices (FPNs) for antisocial behaviour wherever it occurs in Scotland, it was announced today.
Following a successful pilot in Tayside, all eight forces will soon be able to issue the penalties for various offences, including breach of the peace, urinating in a public place and drinking alcohol in public where it is banned.
An independent evaluation of the 12-month pilot, published today, found that FPNs had proved successful in Tayside and recommended a national roll out of the scheme. The powers come into force today, with all forces making use of these by the end of this year.
In addition to Tayside, officers in Central Scotland, Dumfries & Galloway, Fife and Northern Constabulary will start using FPNs this spring, with Grampian and Lothian & Borders following suit by the end of the summer and Strathclyde issuing the penalties by the end of 2007.
Deputy Justice Minister Johann Lamont made the announcement in Dundee, to coincide with the launch of the latest nationwide Antisocial Behaviour campaign.
The Antisocial Behaviour roadshow will call at 15 locations across Scotland, including nine towns and cities which will be hosting it for the first time.
Ms Lamont saw first hand the impact which FPNs, together with other measures and resources the Executive has given local authorities and police to tackle antisocial behaviour, have had on communities in Tayside.
She said:
"Tackling antisocial behaviour has been a priority for the Executive because communities made it clear that they wanted to see more action taken against so-called low-level offending. "Crime is falling, including incidents of serious violence, but we know that loutishness, drunkenness and vandalism, if unchallenged, can still cause misery to the law-abiding majority in our communities.
"I'm pleased that we are now in a position to add these powers to the police's armoury in the fight against antisocial behaviour.
"We now have in place record numbers of police officers - some 1,500 more than in 1999 - and FPNs can free up their time enabling even greater focus on preventing and tackling more serious crimes.
"FPNs allow police to take swift and visible action against antisocial behaviour. The evidence suggests that FPNs deter offenders from repeating such behaviour in future.
"The evidence from Tayside is very encouraging and with the national roll-out starting in the next few weeks, I expect to see fixed penalty notices being used right across the country by the end of this year.
"Antisocial behaviour will not disappear overnight but, through the range of measures we have provided to combat the problem, including dispersal zones, closure orders, community wardens and ASB investigation and mediation teams, we can help create a safer, stronger Scotland."
Tayside Chief Constable John Vine added:
"I was delighted that Tayside Police was chosen as the pilot site for the introduction of Fixed Penalty Notices for Antisocial Behaviour.
"The pilot proved, beyond even our own high expectations, that fixed penalty notices are a quick and effective way for my officers to deal with low level offending.
"The process is straightforward and efficient and has made a difference in reducing bureaucracy for the police and our other criminal justice partners.
"We have continued to issue even more fixed penalty notices this year as Officers have become used to the process.
"Tayside Police actively works with its partners to deal with antisocial behaviour and we will continue to use every tool at our disposal to do so."
The main findings of the independent evaluation of the Tayside pilot, conducted by the University of Abertay, Dundee, include:
- 3,327 FPNs were issued - predominantly for breach of the peace (49 per cent), urinating or defecating in circumstances causing annoyance to others (28 per cent) and consuming alcohol in a public place (12 per cent)
- 80 per cent of FPNs were issued on the street and 96 per cent within three days
- 63 per cent of fines were paid in the statutory period of 28 days and, in the Dundee District Court area, 78 per cent had been paid six months after the pilot
- Some evidence of net-widening (the issuing of FPNs where previously a warning would have been given) but little evidence of repeat offending
- Nearly three-quarters (73 per cent) of police officers agreed that FPNs saved them time
- The importance of time saving was considerable, with police in Tayside estimated to have saved 1,300 hours over a 12-month period
Background
The Antisocial Behaviour etc. (Scotland) Act 2004 introduced provisions to enable police to issue fixed penalty notices for a range of low level offences committed by anyone aged 16 and over. They aim to free up police time, as well as the amount of time procurators fiscal and the courts spend on dealing with more minor offenders.
The legislation currently sets out eight statutory and two common law offences for which an FPN can be issued: riotous behaviour while drunk in licensed premises; refusing to leave licensed premises on being requested to do so; urinating or defecating in circumstances causing annoyance to others; being drunk and incapable in a public place; being drunk in a public place in charge of a child; persisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop; vandalism; consuming alcoholic liquor in a public place; breach of the peace; and malicious mischief.
Offenders who are given a FPN are required to pay a fine of £40 and have up to 28 days to pay it in full or request a court hearing. If the fine is not paid within 28 days, and unchallenged, it increases to £60 and is treated as a registered fine from the district court.
Tayside Police began piloting FPNs on April 1, 2005.
A Scottish statutory instrument enabling FPNs to be issued across the country entered into force today.
Once all forces have had FPNs in place for at least a year, a review of their use nationally, including the offences for which they can be imposed and the level of the penalty, will be undertaken.
The latest phase of the ASB campaign, which aims to provide advice about reporting and dealing with antisocial behaviour, includes a 15-day roadshow and television, radio and outdoor poster advertising.
The roadshow is calling at:
Dundee (February 13th); Arbroath (14th); Aberdeen (15th); Inverness (16th); Perth (19th); Edinburgh (20th); Kelso (21st); Musselburgh (22nd); Bathgate (23rd); East Kilbride (24th); Kilwinning (26th); Port Glasgow (27th); Paisley (28th); Glasgow Pollok (March 1st); and Glasgow Shettleston (2nd).