ALTERNATIVE TO COURT
Wheel clamping and vehicle impounding could be
used as an alternative to minor motoring offences
going to court. TV licence and council tax
offences could also be fined by mail under plans
to remove millions of offences from the
magistrates court system.
The plans come in a White Paper also intended to
make it easier to take time off work for
magistrates. Lord Falconer said the aim was to
make the courts work more effectively.
The BBC and TV Licensing Authority may be given
new powers to issue their own summonses for
licence dodging and the DVLA could also play a
greater role in tackling minor motoring crimes.
However, despite proposing changes to the way
some road offences can be dealt with, ministers
are not proposing to remove cases against
motorists who have driven without insurance.
This is because it is thought to be a serious
offence with broader implications. The paper says
those who refuse to attend court create
"costly disruption" and can now expect
to be sentenced in their absence unless they have
a good reason.
Lord Falconer also said he would consider changes
to the law to make it easier for people to take
time off work to become Justices of the Peace.
He would encourage courts to have flexible hours
and consider reducing the minimum number of
sessions a JP has to sit from 26 to 24 half days
a year. (Source: BBC News) |
ANOTHER NON-STARTER
Police are to be issued with chip and pin
machines to collect on-thespot fines for
anti-social behaviour. Drunks, litter-louts and
rowdy yobs are among those who could pay fixed
£50 to £100 penalties with credit or debit
cards to avoid going to court. (Source: Daily Mirror, Aug/06) |
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NEW POLICE POWERS
It is believed the £5,000 T3 Motion could
be the future of law enforcement. The electric scooter,
which has a top speed of 25mph, is designed to be cheap
to use, to be friendly to the environment and, with a
9in-high raised platform, to provide a great vantage
point for policing crowds. Sussex Police chief constable
Martin Richards said, "It gives high visibility and
it's great to be able to talk to people you might not
always be able to." (Source: Daily Mail, Jun/09)
Dispersal orders, which allow police to
break up intimidating groups of people from
pre-designated zones, have created an increase in crime
in neighbouring areas, notably criminal damage, by up to
83% according to the first major study of the dispersal
orders. The study, which focused on Leeds and Sheffield,
said the orders did produce a short-term reduction in
crime in the problem areas, in one area crime fell 39%,
but sometimes this was only for the duration of the
order.
Professor Adam Crawford, of the Centre for Criminal
Justice Studies at the University of Leeds, said,
"Unless dispersal orders are part of a wider,
multi-agency strategy to provide alternative activities
and venues for young people, the powers merely put a
sticking plaster over local problems of order and
invariably fail to address the wider causes of perceived
anti-social behaviour." Under The Anti-Social
Behaviour Act 2003 police can send home any young person
under 16 who is out in the dispersal zone after 9pm.
Researchers found that young people felt they were
unfairly targeted by the dispersal orders. In one area,
more than half of young people said that the dispersal
order had a negative impact on their feelings towards the
police. The study found a decline in young people
congregating in the dispersal zones during the use of the
order and some residents reported feeling more confident
about going out in the area. (Source: Daily Express, Oct/07)
Police will be given tough new powers,
including the right to arrest anyone committing an
offence and to take fingerprints in the street, under
proposals published by David Blunkett, the Home
Secretary. To free up officers for front-line duties, the
rapidly expanding number of civilian wardens will also
get extra authority to direct traffic, tackle beggars and
search for weapons.
Civil rights groups said the plan to make every offence
arrestable could lead to arrests for discarding litter
and scrawling graffiti. But the Home Office said the
moves were aimed at overhauling and modernising a complex
network of outdated laws. The proposals, in a
consultation paper intended to be the basis for
legislation, came days after Michael Howard, the Tory
leader, promised a "zero-tolerance" approach to
crime if the Conservatives came to power.
A police officer can only arrest someone suspected of an
offence that could result in a prison sentence of at
least five years. But Mr Blunkett's paper said that
exceptions to that rule had created "often
bewildering" situations that needed to be replaced
with a "straightforward" system. Giving
officers a general power of arrest would for the first
time allow officers to pick up people for such offences
as impersonating a police officer, failing to stop a
vehicle when ordered to and manufacturing or selling an
offensive weapon.
A Home Office spokesman said it would not mean the public
being detained for the most trivial offences. He said,
"We don't expect this to result in many more people
being arrested. We do not want that and the police do not
want that." The proposal to give more
responsibilities to community support officers (CSOs),
who can already issue on-the-spot fines, is likely to
prove controversial with the police.
It suggests they should be given extra powers to direct
traffic, issue warnings to beggars, and search people for
weapons. It also raises the possibility of CSOs getting
the authority to deal with drunks and underage drinkers.
The Home Office also proposes widening the ability of the
police to take fingerprints, which can currently only
happen in police stations, at the roadside and other
public places if an officer believes that a suspect is
giving a false identity.
A similar extension of police powers to photograph
suspects is also planned. Undercover police would also be
allowed to take DNA and fingerprint samples covertly to
identify suspects. The warrant system will be overhauled
to allow officers to search any premises used by a
suspect, and limits on the length of a warrant will be
scrapped. People suspected of some property crimes will
be tested for class-A drugs when they are arrested,
rather than when they are charged. And police will get
the right to X-ray suspects without their consent to spot
packets of drugs swallowed or concealed in body cavities.
Proposals on motoring include creating an offence of
"keeping an incorrectly registered vehicle" to
tackle the problem of the 1.2 million untaxed, unsafe or
uninsured vehicles on the roads, and using cash from
motoring fixed penalties to fund automatic number plate
recognition systems. Hazel Blears, the Police minister,
said, "We need to maintain the crucial balance
between the powers of the police and the rights of the
individual ... these new powers will make a significant
contribution to creating a modern and efficient
service."
But David Davis, the shadow Home Secretary, said,
"Today's announcements are just another
headline-grabbing initiative from a gimmick-crazy Home
Secretary. We agree with the efforts to make the
definition of arrestable offences simpler, but will we
now find ourselves in a crazy situation where a litter
lout is arrested and a cannabis smoker is not?"
Shami Chakrabarti, director of the civil rights group
Liberty, said of the arrest proposals, "When you
create a broad, unnecessary power there is a danger of
arbitrary and racially discriminatory use. This comes
just a couple of weeks after statistics showed a 300%
rise in the number of Asian people being stopped and
searched.'' Mark Oaten, the Liberal Democrat home affairs
spokesman, said, "This proposal would blur the line
between CSOs and the police, and could devalue the work
of fully trained officers." (Source: The Independent)
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