SafeSpeedv2 wrote:
This type of cheap policing is no answer, to anything, you have to pay properly for proper Police who have the right authority and training (with ever increasing amounts) to do the right job in the first place. (They need and increase in respect not less, too). Having members of the public able to hand out fines is an open door to fraudsters, and then another problem for the police, because the wrong goal was 'solved' with the wrong policy, than the real core problem tackled properly in the first place i.e. more cops on the streets ....
The DPP has released figures which show that in 2008 a total of 1,445,712 offenders were "brought to justice". Of those only 724,179 were actually taken before a court.
The DPP has looked at sentences imposed by magistrates courts and found that in 2008 some 70,000 consisted of a conditional discharge. He goes on to say that "that suggests that these are cases which could have been disposed of a lot earlier and at less cost" and suggests that a further 70,000 cases per year should be dealt with by out of court action. He seems to be blissfully unaware of why conditional discharges are imposed. In some cases it is because the defendant is maxed out as far as fines
** are concerned so the court has no other option but the vast majority of conditional discharges are imposed because a bench of magistrates has assessed the seriousness of the offending and imposed that sentence in accordance with the guidance issued by the Sentencing Guidelines Council. To replace conditional discharges with fines would,in effect, move a whole range of offending behaviour up tariff.
** Fines have to be imposed so that the defendant can afford to repay them. They should be enough to cause some financial hardship but should not make life impossible. Fines which cannot be paid at once must be paid off by instalments and within a reasonable period of time - usually interpreted as 12 months. If an individual is assessed as being able to afford a maximum of £10 per week in fines payments the court is effectively limited to a maximum fine of £10 x 52 weeks = £520.
Take the case of a defendant required to pay £400 pounds in fines, costs and compensation for selling alcohol to a drunk person, an offence which is only punishable by a conditional discharge or a fine. He makes 5 payments before he brought back to court for another offence. he still owes £350 (£400 minus 5 payments of £10). That limits the court to a maximum fine of £170 even if the offence is more serious. If he offends again the bench can't impose any more fines so its a conditional discharge. Yes that means going down tariff when the offending doesn't justify doing so, but its the only possibility.