Patsy Richards, Eddie Richards, Carol Devon, Sue Morris and Adam Mellows-Facer, MorrisRichards Ltd
ISBN 978 0 7559 9936 1 (Web only publication)
ISSN 2045 6964
DPPAS 11157
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CONTENTS
ACKNOWLEDGEMENTS
EXECUTIVE SUMMARY
1 BACKGROUND
Background to this report and evaluation of summary justice reform
Summary justice reform and direct measures
The suite of new direct measures
Police DMs
Procurator Fiscal DMs
Summary of methods
2 THE DEGREE OF ADOPTION OF DIRECT MEASURES
Overall picture of summary business distribution
Patterns in use of fiscal DMs
Patterns in use of police DMs
Perceived need for reform
Training and guidance
Financial levels of direct measures
Level of ASBFPN fine
Amounts for compensation orders and fiscal fines
Offences for which direct measures are issued
Fiscal DMs
Crimes of assault and media coverage
Police DMs
Possible extension to different offences
Perceptions of changes in offences being dealt with by the courts
3 DIRECT MEASURES IN PRACTICE
Persons offered a DM
Previous criminal history
Information available to professionals and disclosure of DMs
Survey and interview findings on previous convictions
Implications of accepting the DM
Seeking advice
Motivations for challenging or accepting the DM
Challenge rates
Paying the fine, and the issue of enforcement
Appropriateness and fairness of DMs as a penalty
Typical processing arrangements
Police ASBFPNs
Processing FAWs, and their relatively low use
Ease of use of ticket books and PDAs
Fiscal DMs
Survey responses; quick and simple?
Targets
4 OVERALL PICTURE AND ECONOMIC ANALYSIS
Possible net widening
Trends in fiscal no action and no proceedings
Trends in SPR numbers
Trends in court business
Value of financial penalties imposed by the courts and DMs
Overall costs/benefits
5 CONCLUSION; CONTRIBUTION OF DMS TO SJR AIMS
Fairness
Effectiveness
Outcomes; survey responses
The issue of enforcement
Quick and simple in delivery
Overall conclusions
REFERENCES
ANNEX 1 ADDITIONAL TABLES
ANNEX 2 CIRCUMSTANCES OF INCIDENT THAT LED TO A DM: SURVEY AND INTERVIEWS
ANNEX 3 AIMS & OBJECTIVES AND METHODS
Evaluation Objectives
Areas Considered Out of Scope
Methods
Interviews
Data and economic analysis
Survey of and interviews with persons offered DMs
GLOSSARY
The views expressed in this report are those of the researcher and
do not necessarily represent those of the Department or Scottish Ministers.