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A fiscal fine (formally a fixed penalty conditional offer) is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. Alternatives to prosecution are called direct measures in Scotland.[1]
Fiscal fines can vary between £50 and £500, but a compensation offer may be issued either separately or additionally with similar effect but with payment going to the victim of crime: these can be of any amount not exceeding £5,000.[2][3] Whilst not being recorded as a conviction[4] or formal admission of guilt,[5] the payment of a fiscal fine can be revealed in certain circumstances, including a requirement by the General Medical Council for disclosure.[6] The power to issue fiscal fines is conferred by section 302 of the Criminal Procedure (Scotland) Act 1995[7] as amended by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.[8]
- ^ "Summary Justice Reform: Evaluation of Direct Measures". gov.scot. Scottish Government Social Research. 25 January 2011. Retrieved 25 March 2017.
...police and procurator fiscal 'direct measures' (DMs) introduced under SJR. These are alternatives to prosecution, which it is hoped will contribute to fewer minor cases going to court unnecessarily, freeing up the courts to deal with more serious cases (Scottish Government, 2007).
- ^ "Alternative to Prosecution". crownoffice.gov.uk. Crown Office and Procurator Fiscal Service. Retrieved 25 March 2017.
The 'fixed penalty conditional offer' (fine) is an effective direct measure for less serious offences. The levels of fine are set by the Scottish Government and are currently £50, £75, £100, £150, £200, £250 and £300...The 'compensation offer' is an effective direct measure for offences where an individual has suffered loss. Compensation may be issued in respect of monetary loss, personal loss, or alarm or distress. The maximum level of compensation that can be offered is £3,000.
- ^ "Fiscal Fines". scotcourts.gov.uk. Scottish Courts and Tribunals Service. Retrieved 25 March 2017.
The fiscal can also offer you the opportunity to pay compensation without the case going to court. This is called a compensation offer. The maximum compensation offer is £5000
- ^ "A Summary of Community Options: Alternatives to Prosecution, Alternatives to Remand and Alternatives to Custody" (PDF). West Lothian Health and Social Care Partnership. Glasgow Community Justice Authority. p. 8. Retrieved 25 March 2017.
- ^ Kalunta-Crumpton, Anita (2006). "3". Drugs, victims and race : the politics of drug control. Winchester: Waterside Press. p. 85. ISBN 1904380182. Retrieved 25 March 2017.
Introduced in 1995, fiscal fines involve the imposition of a financial penalty by procurators fiscal in absence of a formal admission of guilt.
- ^ "Guidance on convictions, cautions, determinations and other methods of police disposal" (PDF). gmc-uk.org. General Medical Council. March 2017. p. 10. Retrieved 25 March 2017.
A fiscal fine is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution. The power to issue fiscal fines is conferred by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007. Doctors are required to notify us of fiscal fines under our reporting guidance.
- ^ "Criminal Procedure (Scotland) Act 1995". legislation.gov.uk. The National Archives. 8 November 1995. pp. S.302. Retrieved 25 March 2017.
- ^ "Criminal Proceedings etc. (Reform) (Scotland) Act 2007". legislation.gov.uk. The National Archives. 22 February 2007. p. S.50. Retrieved 25 March 2017.