Summary justice reforms to complete
7 Mar 08
Remaining changes come in from Monday
The reforms to Scotland's summary justice system will be effectively complete as from Monday coming, 10 March.
From that date prosecutors will have extended powers to offer a range of fines between £50 and £300 to an alleged offender as an alternative to taking them to court, or to have them pay compensation of up to £5,000 to their victim, or a combination of the two. A further provision allowing the procurator fiscal to offer a work order as an alternative to prosecution is to be piloted in four areas of the country.
The alleged offender can decline the offer and insist on a court hearing if the fiscal wishes to proceed, but if they do nothing they will be deemed to have accepted the offer, which can then be enforced.
An accepted offer will not form part of a criminal record, but can be referred to in court if a further offence is committed within two years.
As regards enforcement, a new official known as a fines enforcement officer (FEO) has been given a range of powers to crack down on fine defaulting. FEOs will be able to dock wages or benefits and seize the cars of offenders. They can also vary rates of payment without going back to court, or refer the offender to court if payment is unlikely to be obtained. FEOs will be in place from Monday but their enforcement powers are due to come into force on 1 April.
Justice Secretary Kenny MacAskill said: "We want 'summary justice' to be quicker, smarter and more focused on the needs of victims and witnesses - so offenders are dealt with effectively.
"That includes getting smarter about collecting court fines. Taking up less court time and freeing up our police to be where they and the public want them - on our streets. That's why new fines enforcement officers, employed by the courts, have a big role to play."