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Warning over driving fines plan Warning over driving fines plan
(about 7 hours later)
Plans to allow police to issue on-the-spot fines for careless driving would undermine justice, say magistrates.Plans to allow police to issue on-the-spot fines for careless driving would undermine justice, say magistrates.
John Thornhill, chairman of the Magistrates' Association, said ruling driving careless was subjective.John Thornhill, chairman of the Magistrates' Association, said ruling driving careless was subjective.
Police would be acting as jury and sentencer if they were allowed to impose the fines, he said.Police would be acting as jury and sentencer if they were allowed to impose the fines, he said.
He said concern over misuse of out-of-court disposals in England and Wales also involved cautions over serious accusations, including rape.He said concern over misuse of out-of-court disposals in England and Wales also involved cautions over serious accusations, including rape.
In 2003, 68% of all matters reached court, but this had fallen to 48% in 2007, Mr Thornhill said.In 2003, 68% of all matters reached court, but this had fallen to 48% in 2007, Mr Thornhill said.
The proposals to make careless driving a fixed-penalty offence would see motorists given an on-the-spot fine and three points on their licence.The proposals to make careless driving a fixed-penalty offence would see motorists given an on-the-spot fine and three points on their licence.
Mr Thornhill expressed concern that people would pay to resolve the matter, not realising they were getting a conviction that would show up in future criminal record checks.Mr Thornhill expressed concern that people would pay to resolve the matter, not realising they were getting a conviction that would show up in future criminal record checks.
Many of the police actually don't want to do this, because they believe it's more important that an independent tribunal which is not fettered by financial considerations or targets makes that decision John Thornhill Magistrates' Association
Suspects are currently prosecuted in the courts, where they can be fined up to £5,000 and receive nine points.Suspects are currently prosecuted in the courts, where they can be fined up to £5,000 and receive nine points.
Mr Thornhill told the BBC Radio 4's Today programme that the idea of on-the-spot fines is "effectively saying that every case of careless driving is the same".
He added: "We have been investigating the use of out of court disposals, on-the-spot-fines for the last 12 months, and the evidence we have suggests that on many occasions, where the matter is serious police go for the easy option of the on-the-spot fine, because it's done and dusted, dealt with there and then.
"What this is doing is turning the police into jury and sentencer.
"And many of the police actually don't want to do this, because they believe it's more important that an independent tribunal which is not fettered by financial considerations or targets makes that decision."
Time reduction
The Liberal Democrat home affairs spokesman Paul Holmes told the Daily Telegraph: "The police have been given wide-ranging powers without adequate debate."The Liberal Democrat home affairs spokesman Paul Holmes told the Daily Telegraph: "The police have been given wide-ranging powers without adequate debate."
But Chief Constable Mick Giannasi, in charge of roads policing for the Association of Chief Police Officers (Acpo), said: "By dealing with offences in this way, it can result in a reduction in the amount of time that police officers spend completing paperwork and attending court, while also reducing the burden on the courts and the taxpayer."But Chief Constable Mick Giannasi, in charge of roads policing for the Association of Chief Police Officers (Acpo), said: "By dealing with offences in this way, it can result in a reduction in the amount of time that police officers spend completing paperwork and attending court, while also reducing the burden on the courts and the taxpayer."
Earlier this year, government plans to give police in England and Wales powers to impose on-the-spot fines for 21 more offences were delayed for further consultation.Earlier this year, government plans to give police in England and Wales powers to impose on-the-spot fines for 21 more offences were delayed for further consultation.
The delay followed Magistrates' Association criticism that some of the offences were too serious to be dealt with out of court and that fine payment rates were low.The delay followed Magistrates' Association criticism that some of the offences were too serious to be dealt with out of court and that fine payment rates were low.