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Repeat offenders 'evading court' Repeat offenders 'evading court'
(about 2 hours later)
The introduction of on-the-spot fines for crimes such as shoplifting means some persistent offenders avoid picking up a criminal record, police say.The introduction of on-the-spot fines for crimes such as shoplifting means some persistent offenders avoid picking up a criminal record, police say.
Details of fines handed out in England and Wales do not have to be put onto the police national computer.Details of fines handed out in England and Wales do not have to be put onto the police national computer.
The Police Federation said this meant some people could commit offences a number of times, often in different areas, without facing court action. The Police Federation said this meant some people could offend repeatedly, often in different areas, without facing court action.
It also said some police were overusing fines to help meet government targets.It also said some police were overusing fines to help meet government targets.
The Home Office has previously said the fines provide "swift and effective justice" for those committing less serious offences, but should not be used for repeat offences. The British Retail Consortium, which represents shop owners, said the use of fines for serial shoplifters is "ridiculously out of proportion" to the crimes they are committing.
I have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for Jan Berry, Police FederationI have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for Jan Berry, Police Federation
The federation's Jan Berry told Radio 4's Law in Action: "Because a spot fine does not count as a criminal record, the details of those who receive them do not have to be entered onto the police national computer. The Home Office has previously insisted they provide "swift and effective justice" for those committing less serious offences, but should not be used for repeat offences.
The Police Federation's Jan Berry told Radio 4's Law in Action: "Because a spot fine does not count as a criminal record, the details of those who receive them do not have to be entered onto the police national computer.
"Someone could get caught shoplifting in different towns, receiving spot fines, and nobody would know.""Someone could get caught shoplifting in different towns, receiving spot fines, and nobody would know."
She also said some of the federation's own members were overusing on-the-spot fines in order to meet government crime targets and avoid extra paperwork. And she added: "I have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for."
"I have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for," she said. Serial offenders
Drug addicts
On-the-spot fines for theft and criminal damage, officially known as penalty notices for disorder, were introduced by the government in 2004.On-the-spot fines for theft and criminal damage, officially known as penalty notices for disorder, were introduced by the government in 2004.
They can be used for shoplifting when the value of the goods stolen is under £200, and for cases of vandalism when the estimated cost to repair the damage is less than £500.They can be used for shoplifting when the value of the goods stolen is under £200, and for cases of vandalism when the estimated cost to repair the damage is less than £500.
The fines are £80 for over-16s and £40 for younger offenders.The fines are £80 for over-16s and £40 for younger offenders.
I recently represented one addict who had been given five on-the-spot fines over a period of six weeks Tony Murphy, solicitor Richard Dodds, from the British Retail Consortium, said: "When on-the-spot fines were introduced, retailers were told that they would not be given to repeat offenders, that they would only be given with the victim's consent, in other words if the shopkeeper agreed that was the right approach, and that they would only be given where the value of goods was less than £200.
Drunk and disorderly behaviour can be dealt with by issuing a fixed penalty notice - another form of on-the-spot fine. "We're quite clear from feedback that we get from retailers that actually these guidelines are frequently being ignored."
When on-the-spot fines were introduced it was also stated they would not be used in cases where the offender is suspected of being a drug addict. Mr Dodds also said he had been told by the Home Office of plans to make first-time offenders give a so-called "on the street apology" to the shopkeeper instead of facing any form of penalty.
"Now if that isn't a license to walk into shops and take things, knowing that you will face the equivalent of no penalty at all, then I don't know what is," he added.
Drug addicts
Drunk and disorderly behaviour can also be dealt with by issuing a fixed penalty notice - another form of on-the-spot fine.
But when the fines were introduced it was stated they would not be used in cases where the offender is suspected of being a drug addict.
This is because those who commit crimes to pay for drugs are meant to be given help by the probation and prison services to tackle their addictions.This is because those who commit crimes to pay for drugs are meant to be given help by the probation and prison services to tackle their addictions.
But there is evidence to suggest that in some force areas, addicts are being issued with spot fines. I recently represented one addict who had been given five on-the-spot fines over a period of six weeks Tony Murphy, solicitor
Liverpool solicitor Tony Murphy told Law in Action some drug-addicted offenders were slipping through the net and not getting the help they should receive. But there is evidence to suggest that in some force areas, this is being ignored.
Liverpool solicitor Tony Murphy told Law in Action some drug-addicted offenders were slipping through the net.
"I recently represented one addict who had been given five on-the-spot fines over a period of six weeks," he said."I recently represented one addict who had been given five on-the-spot fines over a period of six weeks," he said.
"She was desperate for help with her addiction but only got it when she was convicted with the more serious offence of handling stolen goods.""She was desperate for help with her addiction but only got it when she was convicted with the more serious offence of handling stolen goods."
Law in Action is broadcast on BBC Radio 4 at 1600 GMT on Tuesday 6 March.Law in Action is broadcast on BBC Radio 4 at 1600 GMT on Tuesday 6 March.