Crown Office and Procurator Fiscal Service

23 June 2008

SWIFT SWIFT PUNISHMENT THAT FITS THE CRIME

The Crown Office today emphasised that Fiscals continue to take decisions on crimes reported to them based on all of the facts and circumstances of the individual alleged offence, and do so in the public interest at all times. The Crown Office confirmed that this includes offering fiscal fines and compensation orders up to £5,000 in some cases, and in others, bringing a prosecution before a court.

A spokesperson for the Crown Office said:

"Fiscal fines allow less serious cases which would previously have resulted in a court fine, often after many months of court process, to be dealt with much more quickly. This avoids inconvenience for victims and witnesses and allows police officers to spend their time effectively out in the community instead of having their time wasted by sitting waiting to give evidence at court in cases where, much more often than not, after several trial diets the accused finally pleads guilty without any evidence being heard. Prior to these reforms offenders were able to avoid accepting responsibility for their behaviour for periods of several months to the disadvantage of victims, witnesses, police officers and local communities.

Figures published by the Scottish Government show that in 2006-07 61% of all convictions resulted in a fine and the average fine was £211. Procurators Fiscal can offer fiscal fines of up to £300. It makes perfect sense that, wherever possible, such cases should be dealt with out of court, freeing up court time and the time of Procurators Fiscal to deal with persistent offenders and more serious cases.

The Crown Office and Procurator Fiscal Service does not operate a policy of "downgrading" or "diversion" as part of Summary Justice Reform. The only change in prosecution policy in relation to domestic abuse has been to make it more robust, so that cases of domestic abuse involving assault will be prosecuted in the Sheriff Court wherever the evidence permits. Equally, there is no question of fiscal fines being issued in relation to assaults resulting in anything more than minor injury."

Notes to Editors

1. The figures referred to above can be found at:
http://www.scotland.gov.uk/Publications/2008/06/02124526/0

2. A description of how summary justice cases will be dealt with in Scotland can be found at:
http://www.scotland.gov.uk/Publications/2007/09/06092618/0

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