Thematic report on fiscal fines

1 Cmnd 8958

2 S Moody and J Tombs 1982 Prosecution in the Public Interest, Scottish Academic Press

3 Cmnd 8027 1980 The Motorist and Fixed Penalties

4 The Criminal Justice (Scotland) Act 1987 S56

5 J Tombs and S Moody, Criminal Law Review 1993 357-367

6 Smarter Justice, Safer Communities published in March 2005

7 In these 5 cases the issuing office either accepted it had been inappropriate to issue a Fiscal Fine or we agreed to differ

8 In 4 of these cases the issue of a Fiscal Fine would not now be allowed following new guidelines issued in October 2008

9 These rules exclude certain types of offender from the issues of a Fiscal Fine irrespective of the nature of the offence. We recommend a slight relaxation of this absolute rule (see Recommendation 2).

10 All figures are taken from those published on the Crown Office and Procurator Fiscal Service Intranet - national data - 1st marking of subjects to September 2008

11 Note - these figures do not include combined offers, compensation offers or work orders

12 Figures taken from statistical tables to September 2008 on Crown Office and Procurator Fiscal Service Intranet