More powers to Crown as alternative to court
20 Feb 06
Procurators fiscal could hand out compensation orders as well as fines
New plans for justice reform could see offenders ordered to compensate victims of property crime without cases going to court.
The plans, currently being drawn up by the Justice Department as reported in today's Herald, would mean that procurators fiscal could hand out fiscal compensation orders (FCOs) of up to £5,000. At the same time the existing power to offer a "fiscal fine" as an alternative to taking an offender to court will be increased to cover fines up to £500 as compared with the present £100 maximum.
Offenders not willing to accept the penalties would face prosecution in the normal manner, and those who do not pay up when a fiscal fine or FCO is imposed could face a prison sentence.
The proposal would reduce pressure on district and sheriff courts and those paying the fines would not have an official criminal record, although their details would be kept on file by the Scottish Criminal Records Office and the Crown Office. The courts are likely to come under extra pressure due to the Summary Justice Reform Bill, expected to be introduced to the Scottish Parliament at the end of this month.
Justice Minister Cathy Jamieson said that a quick, effective response offered the best opportunity to stop first-time offenders becoming persistent offenders.
The Scottish Executive also announced yesterday that £1.5 million representing assets seized from organised crime will be put back into crime prevention in the affected communities. The money, seized under the Proceeds of Crime Act, will be used in the local authority areas with the worst record for violent crime - Edinburgh, Glasgow, Inverclyde, North Ayrshire, Renfrewshire and West Dunbartonshire.