Question reference: S1W-00918
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
- Date lodged: 12 August 1999
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Current status: Answered by Andrew Hardie on 26 August 1999
Question
To ask the Scottish Executive whether there is an existing policy allowing the Procurator Fiscal to accept fines as an alternative to trial.
Answer
Procurators Fiscal are authorised by Section 302 of the Criminal Procedure (Scotland) Act 1995 to issue conditional offers of a fixed penalty (commonly referred to as "fiscal fines") as an alternative to prosecution in relation to certain offences. In addition, I have issued confidential guidance to Procurators Fiscal regarding their use of fiscal fines as an alternative to prosecution which includes directions as to situations in which Procurators Fiscal must not issue a fiscal fine. These include cases involving overtones of sexual behaviour or racial motivation or aggravation and cases involving the possession of Class A drugs.