Derbyshire Constabulary GUIDANCE FOR THE ISSUE OF FIXED PENALTY NOTICES FOR DISORDER

Transcription

NOT PROTECTIVELY MARKED
Derbyshire Constabulary
GUIDANCE FOR THE ISSUE OF
FIXED PENALTY NOTICES FOR DISORDER
This guidance is suitable for Public Disclosure
Owner of Doc:
Head of Department, Criminal Justice
Date Approved:
July 2005
Review Date:
June 2015
1
INDEX
Heading
Page No
1.
Guidance Identification Page
3
2.
Legislative Compliance .............................................................................................. 4
3.
Introduction ................................................................................................................ 4
4.
Quick Guide ................................................................................................................ 4
5.
List of offences in the PND scheme & the Central Process Unit (CPU) ................. 5
6.
Overview of the Scheme ............................................................................................ 7
7.
The Pre-conditions for Issuing a Penalty Notice ...................................................... 9
8.
Evidence required before Issuing a PND .................................................................. 9
9.
The Suitability of Issuing a PND ................................................................................ 9
10.
Theft and Criminal Damage ..................................................................................... 11
11.
Licensing Act 2003 ................................................................................................... 12
12.
Suitability of Offender to receive a PND ................................................................. 12
13.
Other Offences ......................................................................................................... 13
14.
Issue of PNDs to Young Persons aged 16 and 17 years........................................ 14
15.
Jointly Committed Offences .................................................................................... 15
16.
Identification ............................................................................................................. 15
17.
Completing a PND .................................................................................................... 15
18.
Compliance with the National Crime Recording Standards (NCRS) ..................... 16
19.
Disclosure ................................................................................................................. 17
20.
Custody Officers....................................................................................................... 18
21.
The Number of PNDs an Individual can receive ..................................................... 18
22.
Police Bail ................................................................................................................. 18
23.
De-arrest Procedure ................................................................................................. 18
24.
Fast-Track Custody Procedure................................................................................ 19
25.
Cell Managment ........................................................................................................ 19
26.
Prisoner Handover ................................................................................................... 19
27.
PNC Recording of PND's.......................................................................................... 20
28.
C.I.S. .......................................................................................................................... 20
29.
Performance ............................................................................................................. 20
30.
Mobile Police Stations.............................................................................................. 20
31.
Professional Standards............................................................................................ 21
2
1. Guidance Identification Page
Guidance title:
Registry Reference number:
Guidance for the Issue of Fixed Penalty Notices
for Disorder
05/020
Guidance implementation date:
July 2005
Guidance review date:
June 2015
Department / Division responsible:
Criminal Justice
Guidance owner:
Head of Department
Last reviewed by:
Les Marriott
Date last reviewed:
Impacts on other policies / guidance / documents (list):
None
Security Classification:
Disclosable under FOI Act: YES
Policy to be published on Intranet YES
Policy to be published on Force Website YES
Policy disclosable to public via FOI request YES
3
June 2014
2. Legislative Compliance
This document has been drafted to comply with the principles of the Human Rights Act.
Proportionality has been identified as the key to Human Rights compliance, this means
striking a fair balance between the rights of the individual and those of the rest of the
community. There must be a reasonable relationship between the aim to be achieved and
the means used.
Equality and Diversity issues have also been considered to ensure compliance with the
Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition,
Data Protection, Freedom of Information and Health and Safety Issues have been
considered. Adherence to this policy or procedure will therefore ensure compliance with all
relevant legislation and internal policies.
3. Introduction
This guidance aims to encourage the pragmatic use of Penalty Notices for Disorder by
Police Officers and Police Community Support Officers (PCSO’s). The Penalty Notice
Scheme offers the benefits of significant time savings while at the same time achieving a
positive intervention with offenders that will assist in promoting public confidence that
Derbyshire Constabulary are taking action against anti-social behaviour and low level
criminality.
The guidance incorporates a ‘Quick Guide’ section which outlines how the scheme may be
used. More detailed guidance is provided in relation to specific areas, which is reflected in
the index.
Fixed Penalty Notices for Disorder: 
Offer an effective alternative to arrest as a method for dealing with low-level, anti social
and nuisance offending,

Deliver swift, simple and effective justice that carries a deterrent effect.

Significantly reduce the amount of time that officers spend completing paperwork and
attending court, while simultaneously reducing the burden on the courts,

Increase the amount of time officers spend on the street which will contribute towards
the frontline policing measure,

Allow officers more time to deal with serious crime.
4
4. Quick Guide

The issue of a Penalty Notice is a matter of officer or PCSO discretion, however,
officers and PCSO’s are encouraged to utilise PND disposal where possible. This will
save significant time whilst demonstrating a positive intervention to both the offender
and wider community.

A Penalty Notice can be issued on the street for minor theft (below £100 where
property is recovered) and for minor damage (below £300) with the agreement of the
victim. There is no requirement to obtain fingerprints or DNA in these cases.

For the offences of s.5 of the Public Order Act 1986 and being Drunk and Disorderly,
the issue of a Penalty Notice will be the default position adopted by the force, unless
there are aggravating factors or the offender is eligible to attend the Alcohol awareness
Scheme.

Officers are encouraged to use the Penalty Notice Scheme in a pragmatic way. Where
a person has been arrested for an offence for which a Penalty Notice is a suitable
disposal and is en-route to the police station, the officer may de-arrest the person and
issue a PND if the necessity to detain them ceases, for example, where they provide
their details or calm down.

In a similar way, offenders who have been arrested for an offence for which a Penalty
Notice is a suitable means of disposal and who have arrived at the police station, may
be de-arrested and issued a PND in exceptional circumstances where there would be a
significant delay in presenting the detainee to the Custody Officer which would clearly
delay their release.

There are no limitations on the number of Penalty Notices that can be issued to adult
offenders, however, officers and PCSO’s need to consider the circumstances of the
incident, any knowledge that they have of the offender and consider checking both
PNC and CIS to assist in their decision making.

Following the issue of a Penalty Notice for a PNC recordable offence issued in custody,
it is essential that the relevant copy is delivered to the local Criminal Data Section
during weekdays and the local Custody Suite at weekends to ensure that the 24 hour
time limit for the input of the record onto PNC is met.

The issue of a Penalty Notice for an offence of theft, criminal damage or s.5 Public
Order will require a crime report to be completed in compliance with the NCRS.

In all cases where a PND is issued a CIS entry will be made prior to ending the tour of
duty. This will enable other members of staff to access nominal records to ascertain
whether an offender has received PND’s in the past.
5
5. The list of offences in the PND scheme and the Central Process Unit (CCCJS)
reference, are shown below; (For more information click here for links to the
Police National Legal Database.)
Penalty Notice for disorder offences – Upper tier. (£90)
(Offences marked with an * are PNC recordable.)
PU86149 Use words/conduct likely to cause harassment, alarm or distress (Section 5,
Public Order Act 1986)*
CD71039 Destroying or damaging property (under £300) (Section 1 (1) Criminal Damage
Act 1971)*
TH68010 Theft (retail under £100) (Section 1 Theft Act 1968)*
MD71530 Possess a controlled drug of Class B. Cannabis/cannabis resin. (Section 5 (2)
and Schedule 4 Misuse of Drugs Act 1971)*
CL67008 Causing wasteful use of police time. Giving false report. (Section 5 Criminal Law
Act1967)*
CA03007 Send false message/persistently use public electronic communications network
in order to cause annoyance, inconvenience or needless anxiety. (Section
127(2)(a) and (3) Communications Act 2003)*
FS04009 Knowingly give a false alarm to a person acting on behalf of a fire and rescue
authority. (Section 49 Fire and Rescue Act 2004)*
EP75005 Fire/Throw firework(s) (Section 80, Explosives Act 1875)
CJ67002 Drunk and Disorderly in a public place. (Section 91, Criminal Justice Act 1967)*
LG03067 Supply of alcohol by or on behalf of a club to a person aged under 18 (Section
146 (3) Licensing Act 2003)*
LG03064 Sale of alcohol anywhere to a person under 18.(Section 146(1) and (7) Licensing
Act 2003)*
LG03081 Buys or attempts to buy alcohol on behalf of a person under 18. ( Section
149(3)(a) and (7)(b) Licensing Act 2003)*
LG03083 Buys or attempts to buy alcohol for consumption on relevant premises by person
under 18. (Section 149(4)(a) and (7)(b) Licensing Act 2003)*
LG03088 Delivery of alcohol to person under 18 or allowing such delivery.(Section
151(1)(a) and (7) Licensing Act 2003)*
FW04003 Breach of fireworks curfew (11pm – 7am) (Fireworks Regulations 2004 under
Section 11 of the Fireworks Act 2003)*
FW04002 Possession of a category 4 firework (Fireworks Regulations 2004 under Section
11 of the Fireworks act 2003)*
6
LG03036 Sells or attempts to sell alcohol to a person who is drunk. (Section 141 Licensing
Act 2003)*
Penalty Notice for disorder offences – Lower tier (£60)
BT49005 Trespass on a railway (Section 55, British Transport Commission Act 1949)
BT49006 Throwing Stones/Matter/Thing at a train (Section 56, British Transport
Commission Act 1949)
LG72008 Drunk in Highway (Section 12 Licensing Act 1872)
CJ01002 Consume alcohol in a designated public place, contrary to requirement by
constable not to do so (Section 12, Criminal Justice and Police Act 2001)
EP90046 Depositing and leaving litter (Sec 87(1) and (5) of the Environmental Protection
Act 1990)
LG03086 Allowing consumption of alcohol by a person under 18 in a bar on relevant
premises (Section 150 (2) Licensing Act 2003)
MD71599 Possess a controlled drug of Class B. Khat (Section 5 (2) and Schedule 4 Misuse
of Drugs Act 1971)*
The Criminal Justice and Police Act 2001 permits that:

A constable (including a special constable) who has reason to believe that a person
aged 18 years of age or over has committed a Penalty Notice offence may give that
person a Penalty Notice for that offence,

The notice may be issued ‘on the spot’ to a person, aged 18 years or over, by an officer
at a police station or elsewhere, if subsequent enquires reveal a PND offence has been
committed.

PCSO’s are empowered under the Police Reform Act 2002 to issue PNDs.

The issue of a PND extends the offer to the recipient of the opportunity, by paying the
penalty, to discharge their liability to conviction for the offence in respect of which the
notice is issued.

Once the notice has been issued the recipient may elect to either pay the penalty or
request a court hearing. They must do one or the other within 21 days of the date of
issue; and

Failure to do either may result in the registration of a fine of one and a half times the
penalty amount as a fine against the recipient, or exceptionally, in proceedings against
them for the penalty offence.
7
6. Overview of the Scheme
The introduction of the option for an officer to issue a PND for a Penalty Notice offence does
not in any way preclude the use of any existing methods of disposal. All the current forms of
disposal will remain available and the option to issue a PND or deal with a case in any other
way will be at the officer’s discretion. Reporting for process remains an option for nonarrestable offences. Powers of arrest remain unchanged and should be exercised where
appropriate.
The majority of PND’s will be issued at the time an offence is committed, however, a Penalty
Notice can be issued anywhere within a reasonable time after an offence has come to light
i.e. the home address of an offender. This includes persons released on bail.
No one has a right to demand a Penalty Notice and no one should be forced to accept one.
The notice must be issued to, and received by, the offender.
Once an officer has issued a notice, the decision to issue has been made and no alternative
should then be considered. Once issued, in accordance with the law, a notice may not be
withdrawn or any action taken until the 21day suspended enforcement period (SEP) has
expired.
Once a Penalty Notice has been issued the suspect must either pay the amount shown on
the notice, request a hearing or if eligible attend an Alcohol Awareness Course. To be
eligible the Penalty Notice must be issued for an Alcohol related offence committed under
S5 of the Public Order Act 1986 or for an offence of Drunk and Disorderly committed under
Section 91 of the CJ Act 1967. This must be done within the (statutory) 21 days SEP
detailed on the reverse of the notice (In practice, for administrative purposes, more time will
in fact be allowed for this.)
Payment of the penalty by the recipient discharges their liability to conviction of the offence
for which the notice is issued. Payment involves no admission of guilt and removes the
possibility of the creation of a record of criminal conviction. If the recipient requests a court
hearing the case is processed in the normal way, which may result in a hearing. If the
recipient neither pays nor elects a hearing, the penalty will be registered as a fine at oneand-a half times the value of the original penalty. This will then be enforced as a normal fine
by the courts. Recording of the recipients post code on the PND enables the fine to be
registered at their local Magistrates Court.
In cases where the 21 day SEP elapses without action on the part of the recipient it will be
permissible, in exceptional circumstances, for a prosecution to be brought against the
recipient of the notice for the original offence. This may be where, for example, further
evidence has emerged as to the seriousness of the original offence, or the recipient’s full
criminal history is known. The legislation allows for this and a warning of this possibility is
printed on the notice, although it is not expected to be a common occurrence.
Once a Penalty Notice has been issued the recipient may decide to phone or write in
pleading mitigation. The Penalty Notice advises the recipient that all enquiries other than
those concerning payment must be referred to the Central Ticket Office.
All matters concerning payments should be referred to:
The Regional Fixed Penalty Office
P.O.Box 10066
8
Loughborough
Leicestershire
LE11 9HB
In the event that the recipient of a fine registration notice contests the PND, the issuing
officer may be called upon to appear at court or to undertake investigations to verify the
identity of the complainant.
7. The Pre-conditions for Issuing a Penalty Notice
Officers may issue a Penalty Notice only where;

they have reason to believe a person has committed a penalty offence and they have
sufficient evidence to support a successful prosecution,

the offence is not too serious and is of a nature suitable for being dealt with by a Penalty
Notice,

the suspect is suitable, compliant and able to understand what is going on,

a second or subsequent offence, which is known, does not overlap with the Penalty
Notice offence,

the offence(s) involve(s) no one below the age of 18.

sufficient evidence as to the suspect’s age, identity and place of residence exists.

A PND may be issued for wasting police time or for the offences under the Licensing Act
2003 without DPP consent. Where the offender requires a hearing, a summons will be
required to be raised in the normal way and the CPS will give delegated DPP consent.
8. Evidence required before Issuing a PND
Officers may issue a Penalty Notice only where they have reason to believe a person has
committed a penalty offence and they have sufficient evidence to support a successful
prosecution.

The evidence should be capable of satisfying CPS charging standards, and fit for use as
evidence in court.

An officer may consider it appropriate to issue a Penalty Notice to a suspect even if they
have not directly witnessed the offending behaviour but have reliable witness testimony
instead.

Interviews and questioning must be consistent with the practice and procedures
established by PACE 1984, code C.
9
9. The Suitability of Issuing a PND
An officer may issue a Penalty Notice only where the offence is not too serious and is of a
nature suitable for being dealt with by a Penalty Notice.
When considering a case, officers should consider the nature and seriousness of the
offence. Officers should not issue a Penalty Notice where the nature of the offence is too
serious and/or it involves any aggravating circumstances. When reaching a decision on the
appropriateness or otherwise of PND disposal, officers may find it helpful to take account of
any mitigating and aggravating factors as per the current ACPO Gravity Factors used in
adult custody disposal decisions.
A Penalty Notice may be an appropriate response where at present an informal or a formal
caution might be used. A Penalty Notice may also be appropriate for some cases that
would normally result in a charge. The disposition of the offender will be relevant as will the
disposition of any victim.
A Penalty Notice will not be appropriate where there has been any injury to any person or
any realistic threat or risk of injury to any person. Officers may seek the views of any
potential victim before making a decision on the most appropriate course of action.
Penalty Notices will not be used where there has been a substantial financial/material loss
to the private property of an individual.
Where a Penalty Notice is being considered for issue in relation to an offence under s.5
Public Order Act 1986, officers should consider the relevance of the statutory defence.
Where necessary or appropriate, officers should make full use of the specific powers of
conditional arrest provided by s.5 Public Order Act for offences under that section.
A Penalty Notice will not be an appropriate response where a penalty offence is committed
in association with another Penalty Notice offence or an offence that can be said to overlap
with the penalty offence.
A Penalty Notice will not be appropriate for a penalty offence where there are grounds for
believing that the terms of the Protection from Harassment Act 1997 might apply. This is
where the offence constitutes part of a course of conduct which amounts to harassment
and which the offender knows, or ought to know, amounts to harassment. A court may
consider a restraining order, and the victim’s right to make a civil claim following a
conviction will not be removed. Throwing fireworks in such a way as to cause annoyance
and nuisance, e.g. by causing excessive noise outside a person’s home, may be
appropriately dealt with by issue of a Penalty Notice. However, PND disposal is not
appropriate where this constitutes part of a pattern of intimidation.
A Penalty Notice will not be appropriate for any offence related to domestic violence.
As a general rule a Penalty Notice will not be appropriate for any football related offences
where if a charge is brought a court may wish to consider the imposition of a Football
Banning Order. Under certain circumstances, persons arrested for a football related offence
may be suitable for other means of disposal, including a Fixed Penalty Notice for Disorder,
but only after full consultation with Football Intelligence Officers or Operation Cabby
Officers, before a charging decision is made.
10
Each of the three offences under section 127(2) of the Communications Act 2003, section
5(2) of the Criminal Law Act 1967 (wasting police time or giving false report), and section
49 of the Fire and Rescue Services Act 2004 have been included to capture misuse of the
999 service. Serious examples of misuse of 999, such as making hoax bomb threats, are
not considered suitable for dealing with by means of a Penalty Notice.
A PND may be issued for wasting police time without DPP consent. Where the offender
requests a hearing, a summons will be raised in the normal way and the CPS will give
delegated DPP consent.
Where officers elect to bring a charge for an offence for which a Penalty Notice is available,
they will need to state on the confidential information form of the prosecution file (form
MG6) why they chose not to issue a PND. This may include details based on local
knowledge, aggravating factors, or knowledge of previous notices issued to an individual.
Officers should note that this is for information purposes only. The decision on what
disposal is appropriate should be based on an assessment of each offence, the suspect
and the circumstances of the offence.
The use of police bail should never be ruled out where further enquiries are needed to
inform proper case disposal decisions.
10. Theft and Criminal Damage
PND disposal may only be used for thefts (retail/commercial only) for offences under
£100. PND’s for theft should only be considered for offences of ‘theft from a shop’ as
defined in the National Crime Recording Standards.
Only one PND should ever be issued to an individual for retail theft.
A PND should not be issued for either retail theft or criminal damage where it is known that
an offender is a substance misuser.
Thefts involving property over the value of £100 will be dealt with by existing disposal, i.e.
prosecution.
Criminal damage involving values over £300 will be expected to be dealt with by existing
disposal, i.e. prosecution unless it involves public property.
PND disposal over this value would be exceptional (except for public property) and require
explanation as well as the agreement of the victim/retailer.
Penalty Notice disposal for theft and criminal damage will be appropriate for low level,
usually first time, offending but not appropriate for those who repeatedly offend where
prosecution will be considered more suitable. However, the length of time that has passed
since any previous offence should be taken into account.
It is expected that in most cases of theft suitable for PND disposal the property will have
been recovered and the value of the property will be relevant in assessing seriousness.
PND disposal for these offences may not be appropriate for those who are known to be
substance abusers. Such people may be more appropriately dealt with by a court, which
can direct them to suitable substance treatment.
11
Consideration of the relative seriousness of the offence and its effect on the victim should
be taken into account and the effect of the incident on any staff involved.
Officers should seek and record the views of all victims before making a decision on the
most appropriate course of action. The victim should be consulted about the potential issue
of a PND for the offence and their views taken into account when reaching a decision. PND
disposal will not be appropriate where the victim is not in agreement.
In all cases where there is an identified victim, officers should be mindful that a PND
disposal removes the possibility of the criminal court awarding a compensation order in
favour of the victim. However the victim would retain the right to seek redress through civil
litigation and PND disposal will save the victim from having to attend court to give evidence.
The victim should be made aware of this.
Participating Retailer Scheme
BCU Commanders are encouraged to consider establishing a ‘Participating Retailer
Scheme’ within their Division. The Scheme would identify those retailers who are amenable
to the police dealing with the majority of shoplifters from their store by way of a Penalty
Notice. Such a scheme may also seek to provide the police with a room or private area
within a retailers premises or shopping area where fingerprints and DNA can be obtained
by consent from the offender.
11. Licensing Act 2003
PND disposal will not be appropriate for licensees. Licensees should be prosecuted in
order to ensure that offences are recorded to support any future action to revoke a licence.
PND disposal may be appropriate for bar staff when taking action against premises found
or known to be serving alcohol to under age drinkers. However, due account needs to be
taken of the need to record such offences against the individual concerned.
12. Suitability of Offender to receive a PND
An officer may issue a Penalty Notice only where the suspect is suitable, compliant and
able to understand what is going on.
A Penalty Notice may not be issued to a person below 18 years of age. If a suspect lies
about their age the penalty notice will be withdrawn and any monies paid returned. (In such
circumstances officers may proceed in any way that was available prior to issue.).
NB a PND may not be issued to a person below 18 years of age for the Possession of
Cannabis/Cannabis Resin.
A Penalty Notice will not be appropriate where the suspect is uncooperative. Where a
suspect is non-compliant, consideration should be given to an alternative disposal.
Penalty Notices must be issued to and received by the suspect.
A Penalty Notice will not be appropriate where the suspect is unable to understand what is
being offered to them, for example, those with a mental disorder, or where the suspect is
drunk or under the influence of drugs.
12
A Penalty Notice may not be appropriate where there is any doubt about the suspect’s
ability to communicate with the officer issuing the notice. This may be, for example, where
the suspect is deaf or there is a language barrier, however the use of a translator should be
considered in these circumstances.
A Penalty Notice will not be an appropriate response where no satisfactory address exists
for enforcement purposes. This will be the case for suspects who are non-resident foreign
nationals (i.e. not British or Northern Irish). This may also apply where the officer has reason
to believe that the suspect is homeless or sleeping rough. Enquiries should be made where
doubt exists.
A Penalty Notice will not be appropriate for issue where the suspect is already known to be
subject to:

a custodial sentence, including Home Detention Curfew,

a community penalty other than a fine, including Anti-Social Behaviour Orders (which
may constitute a breach).
Enquiries should be made of the offender and PNC and if any the preceding apply, the
officer should pursue an alternative means of disposal and bring the case to the attention of
the relevant authorities.
A Penalty Notice will not be appropriate for issue on the street where the officer has reason
to believe that the suspect is impaired by the influence of drugs or alcohol. Where such
circumstances exist officers should consider the appropriateness of exercising existing
powers of arrest e.g. under s.25 PACE 1984.
If a suspect is impaired by the influence of drugs or alcohol, and the officer is satisfied as to
his/her identity and place of residence, it may be appropriate to consider issuing a PND at a
later time, i.e. the next day. The officer should be satisfied that the suspect’s offending
behaviour has ceased, or to take steps to ensure that this is the case.
Consideration should be given as to whether a suspect might have a substance addiction
problem. In such circumstances a Penalty Notice may not be an appropriate response and
another form of disposal should be considered and where possible, a referral made to an
appropriate local scheme. For example, a drug treatment scheme.
13. Other Offences
An officer may issue a Penalty Notice only where a second or subsequent offence, which is
known, does not overlap with the PND offence.
A Penalty Notice will not be an appropriate response where a penalty offence is known to
have been committed in association with a second or subsequent offence, including a
penalty offence, where that offence can clearly be said to be ‘associated with’ the first
penalty offence. Both offences should be charged together. For example, where an officer
suspects a person of being drunk and disorderly and of throwing fireworks in the street, or
committing an act of criminal damage resulting from their drunkenness.
It may be appropriate to issue a Penalty Notice in association with any other offence,
including where a warning, formal caution, or summons is issued, police bail set or a charge
brought or refused for the second or subsequent offence. This is provided that the
subsequent or non-penalty offence can clearly be said not to ‘overlap with’ or be ‘associated
13
with’ the first penalty offence. This may occur where a person is suspected of being drunk
and disorderly or committing an offence under s.5 of the POA and they are found, upon
arrest, to be in possession of a small quantity of cannabis or stolen credit cards for which,
respectively, a caution and charge are deemed appropriate.
Officers might consider it appropriate to issue a Penalty Notice in addition to dealing with a
suspect for a second or subsequent offence in another way. However, discretion should be
exercised to ensure that a Penalty Notice is not issued in addition to dealing with a very
serious offence.
Where a Penalty Notice is issued for a penalty offence and it subsequently comes to light
after the incident that a more serious or non-penalty offence was committed on the same
occasion, officers may bring a charge for the subsequent offence. Payment of a penalty
discharges the recipient’s liability to conviction only for the offence for which the Penalty
Notice was issued. Ultimately, it will be for the CPS to determine, based on the facts of the
case, whether a prosecution may be brought, in respect of the subsequent offence, and for
the courts to decide whether or not to allow such a prosecution.
14. Issue of PNDs to Young Persons aged 16 and 17 years
PND’s can no longer be issued to persons under 18 years of age.
15. Jointly Committed Offences
An officer may issue a penalty notice only where the offence(s) involve(s) no one below the
age of 18 years.
Where a juvenile, or young person aged under 18, and an individual aged 18 years or over
are jointly responsible for a penalty offence, a Penalty Notice will not be appropriate for the
offender aged over 18 and existing forms of disposal should be considered. This should
avoid any allegations of unfairness resulting from the older offender being able to discharge
their liability to conviction.
Where a Penalty Notice is issued to a juvenile or young person aged under 18 in error, the
Central Ticket Office must be instructed to cancel the notice and refund any monies paid.
Officers may then deal with the suspect in any other way they might have previously. In
these circumstances the 21-day SEP does not apply.
16. Identification
An officer may issue a Penalty Notice only where sufficient evidence as to age, identity and
place of residence exists.
Accurate identification of suspects and their place of residence are crucial to the
effectiveness of the scheme. Failure to identify a suspect and their address prior to issue
could invalidate the enforcement process and compromise the scheme’s integrity and bring
it into disrepute.
Age, identity and address checks must be rigorous.
14
PNDs are not available to those aged under 18 years. Other forms of disposal should be
considered. Where doubt exists, rigorous checks must be made to establish age.
Part 1 of the Penalty Notice requires the issuing officer to record the suspect’s forenames,
surname, address and post-code. Each of these elements is required in all cases.
Where possible, documentary evidence as to age, identity and place of residence should be
sought in preference to non-physical sources e.g. electoral register or PNC checks.
Where doubt as to identity exists officers should exercise the powers under s.25 PACE
1984.
17. Completing a PND
The PND ticket consists of:
Part 1 Recipient copy.
Part 2 Payment slip.
Part 2a Instructions for recipient.
Part 3 Hearing request slip.
Part 4 Criminal Data Section copy – (Pink)
Part 5 Central Process Unit copy – (Blue)
Part 6a Details of recipient.
Part 6b Statement of witness.
Part 1 of the Penalty Notice provides for the recipient to sign acknowledging receipt of the
Penalty Notice. Officers should ask for a signature, although there is no legal obligation on
the recipient of the notice to provide one.
Part 4 of the Penalty Notice provides for the issuing officer to record the ‘additional details
of recipient’, including their gender, perceived ethnic origin, and their occupation. This must
be completed in all cases.
Part 6a of the Penalty Notice provides for the recording of the recipient’s details, including
their height, complexion, and physical description. This may include reference to any
jewellery, insignias, tattoos or other identifying features. This must be completed in all
cases.
In accordance with the instructions on the Penalty Notice, any reply to caution or statement
offered by the suspect should be transcribed either in part 6a under the ‘reply to caution’
section, or the s.9 witness statement in part 6b.
In accordance with the instructions on the Penalty Notice ticket, any third party witness
particulars should be recorded in part 6a in the ‘additional notes’ section. Where officers
record other witness details in their notebook they should record the relevant notebook
number on the Penalty Notice.
Part 6b of the Penalty Notice ticket provides for a s.9 ‘Witness Statement’ to be completed
by the issuing officer and should be done in all cases. If necessary, the officer may continue
on a MG11a and firmly affix this to the Penalty Notice.
Part 6b also provides for the details of a (third party) colleague to be entered who may
corroborate the issuing officer’s witness statement. This should be utilised where possible.
15
The top copy of the notice is given to the offender. The copy marked ‘Criminal Data Section’
should be forwarded together with Form 218 where applicable. The ‘CTO’ copy should be
forwarded to the Central Ticket Office at HQ together with Part 6 containing the description
and statement. These should be sealed and protectively marked ‘Restricted – PND’.
18. Compliance with the National Crime Recording Standards (NCRS)
Where a Penalty Notice is issued for one of the following offences, a crime will be recorded
on the CIS in compliance with the NCRS.

Causing Harassment Alarm or Distress (Section 5, Public Order Act).

Destroying or damaging property (under £300) (Section 1 (1) Criminal Damage Act
1971).

Theft (retail under £100) (Section 1 Theft Act 1968).
The issue of a Penalty Notice will be the preferred disposal for offences committed under
s.5 of the Public Order Act 1986 and for offences of Drunk and Disorderly under S91(1) of
the Criminal Justice Act 1967, unless the arresting officer or Custody Officer consider that
there are aggravating factors. In all cases, however, the NCRS must be complied with.
Alcohol related offences committed under S5 of the Public Order Act 1966 and offences of
Drunk and Disorderly committed under S91 (i) of the CJ Act 1967 can also be referred to
the Alcohol Awareness Scheme.
Although under the NCRS you can detect a crime by a lesser offence for example, ABH can
be detected with a public order offence. This does not apply when issuing PNDs.
The operational guidance on PNDs in all cases takes precedence over the Home Office
rules and as such crimes recorded under NCRS rules cannot be detected by the lesser
offence rule. Therefore ABH, affray or section 4 public order cannot be detected by a
section 5 public order or a drunk and disorder PND.
In all these cases a suitable detection other than a Penalty Notice must be pursued. In
cases where the issue of a PND is recommended by the custody officer or C.P.S. then their
decision must be challenged as any use of a fixed penalty in these circumstances will not
detect the crime. This also applies to other PND’s where the operational procedures do not
apply.
19. Disclosure
In general, police are under a duty to protect the confidentiality of sensitive personal
information. This includes information about convictions. It is therefore reasonable to
assume that the same principle would apply to a PND. However, police do have statutory
powers to disclose information to a third party, where it would be in the interest of the
prevention or detection of crime.
PNDs and ASBOs
16
Acceptance of a PND, and subsequent payment of the penalty, discharges all liability for
that offence. However, this does not preclude the information being used in the civil context
of seeking an ASBO. The fact that a PND has been issued can be disclosed in an ASBO
hearing as this goes towards establishing a pattern of behaviour.
PNDs and a criminal record check.
An Enhanced Disclosure issued by the Criminal Records Bureau would include:

all convictions, cautions, reprimands and final warnings recorded centrally by the police
on the Police National Computer (PNC);

(in appropriate cases) whether the subject is shown on lists kept by the DfES of people
unsuitable to work with children; and

any other relevant information provided by the police. A PND could be referred to, if the
details of the behaviour leading to the PND were relevant to the matter at hand (e.g. the
applicant’s suitability to work with children). However, the mere fact that a PND had
been issued would not make it relevant.
Whenever possible officers should draw to the attention of the recipient the following;
‘penalty notices issued for recordable offences, such as retail theft, cannabis possession
and drunk and disorderly, are registered on the Police National Computer and may be
disclosed as part of an enhanced criminal records check, if deemed relevant’.
20. Custody Officers
The current practice of early CPS charge advice still applies where appropriate and it is not
necessary to report a person for an offence in order that the offender is summoned for the
offence at a later date if they fail to pay the fine. Custody Officers are to be consulted when
the issue of a PND is being considered as a method of disposal.
The Custody Officer will record on the custody record that the offender was released
following the issue of a Penalty Notice and record the serial number of the notice. There
does not need to be an admission of guilt by the alleged offender, although if disputed, a
PND would not be appropriate.
21. The Number of PND’s an Individual can receive
Custody Officers have the facility to access the PND database, which is maintained by
CTO, on a ‘view’ only basis from the custody suite. This will show whether a PND has been
issued within the Derbyshire Force area only and any record of a previously issued PND
being fine registered (not paid) will normally disqualify an offender from receiving a further
one.
Only one PND should ever be issued to an individual for retail theft or possession of
cannabis/cannabis resin.
There are no other restrictions on the number of PNDs that any individual aged 18 years
and over can receive. AMEND/DELETE, with the exception of those aged 16 – 17 years.
17
22. Police Bail
Nothing prevents a PND from being issued following an offender being released on police
bail for enquiries. However, consideration should be given to the amount of time already
spent on the investigation and the proportionality of the use of the PND scheme as a means
of disposal.
23. De-arrest Procedure
Where a person has been arrested for committing an offence for which the issue of a
Penalty Notice is suitable, that person may be de-arrested and issued a PND en-route to
the police station in appropriate circumstances. For example where details of identity are
provided and confirmed or the person has become sufficiently calm to be issued with a
PND.
Where the arresting officer makes such a decision to de-arrest, the officer must make a
pocket book entry and provide brief details of the person arrested to the Custody Officer so
that the arrest is recorded and a custody number issued in accordance with Force Policy.
Officers should note that in these situations statutory powers to take fingerprints, DNA and
photographs are not enforceable.
24. Fast-Track Custody Procedure
In exceptional circumstances where a person has been arrested for an offence for which
the issue of a PND is deemed suitable, that person may be de-arrested and issued a
Penalty Notice on arrival at the Police Station. These circumstances are where there would
be a significant delay in placing the person before the Custody Officer, which would clearly
lead to a delay in releasing the person from detention.
Where the arresting officer makes such a decision to de-arrest, the officer must make a
pocket book entry and provide details of the person arrested to the Custody Officer so that
the arrest is recorded and a custody number issued in accordance with Force Policy.
Officers should note that in these situations statutory powers to take fingerprints, DNA and
photographs are not enforceable.
25. Cell Management
The Custody Officer will be responsible for ensuring that visits to detainees are conducted
in accordance with Code ‘C’ of the Police and Criminal Evidence Act 1984. To assist in the
management of cell space within the Force, an assessment will be made on carrying out
visits to detainees of the fitness of those who would be eligible for disposal by a PND. This
is to ensure they are processed and released as soon as practicable.
In these instances statutory powers will be exercised prior to release.
18
26. Prisoner Handover
Where officer ‘A’ takes a suspect into custody and it is their intent to issue a PND but they
‘go-off shift’ before the suspect can be issued with the notice, they may hand this
responsibility to officer ‘B’. Officer ‘A’ will complete as much of the notice as possible, and at
the very least, the following elements in order to ensure the integrity and legality of the
disposal.
Part 1 Offence date
Part 1 Offence location
Part 1 Offence code
Part 1 Particulars of the offence
Part 1 The Act containing the offence
Part 4 Additional details of recipient
Part 6a Height, build and complexion of suspect
Part 6b Officer witness statement, signed and dated
When the detainee is fit to be dealt with, the PND will be completed by either the officer in
the case or custody staff, depending upon availability, and issued in the normal manner.
If the offender does not accept the notice or a decision is made not to issue the PND, the
partially completed notice will be exhibited and attached to the prosecution file.
27. PNC Recording of PNDs
The Force will comply with Home Office guidance in relation to the PNC recording of PNDs.
When a PND is issued in the custody suite for a PNC recordable offence, photograph,
fingerprints and DNA will be obtained to be recorded against the entry without constituting a
criminal record.
This will be administered in line with current working practices by the Criminal Data
Sections during weekdays and at weekends by Custody staff.
PNDs issued on the street for PNC recordable offences will also be entered on PNC
however fingerprints, photographs and DNA are not required.
Officers are reminded that timeliness is a key issue, as the Penalty Notice must to be
entered onto PNC within 24 hours to comply with Home Office guidance. Relevant copies of
PND’s must therefore be delivered to the Criminal Data Section or Custody Office
immediately following issue.
Where BCUs establish a participating retailer scheme which provides processing facilities
or where a targeted PND operation utilising a mobile police station is used, photograph,
fingerprints and DNA may be obtained by consent and in these circumstances this would
require PNC entry within 24 hours.
28. C.I.S.
The officer or PCSO issuing the PND will make a CIS entry in relation to the issue of the
notice prior to ceasing their tour of duty.
19
29. Performance
Line Managers are encouraged to monitor the use of Penalty Notice disposals.
Performance information can be obtained by accessing the following link to the NMIS website.
http://srvfhq18/Performance_Monitoring/BCU/default.htm
Regular monitoring of Fixed Penalty Tickets as to adverse or disproportionate issue will be
undertaken within the Central Process Unit and scrutinised by the Central Process Unit
Manager. Where adverse impact is found, further scrutiny will be undertaken by the officer’s
supervisor.
30. Mobile Police Stations
BCU Commanders are encouraged to consider the deployment of Mobile Police Stations as
mobile processing centres to be used in conjunction with the Penalty Notice Scheme. This
may be particularly effective in crime and disorder hotspots where the use of the Mobile
Police Station, together with a targeted PND operation will promote visibility, maintain a
police presence, promote public confidence and allow officers to obtain fingerprints and
DNA by consent in the Mobile Police Station in appropriate circumstances.
31. Professional Standards
It will be mandatory for any Police Officer or member of Police Staff who is issued with a
Penalty Notice for Disorder to declare this as soon as possible to the Head of the
Professional Standards Department. Following any such declaration the Head of
Professional Standards will consider whether the issue of the Penalty Notice warrants
further investigation in relation to potential misconduct and whether the issue of the Penalty
Notice is subject to disclosure under the JOPI.
20
21

Derbyshire Constabulary GUIDANCE FOR THE ISSUE OF FIXED PENALTY NOTICES FOR DISORDER

Transcription

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