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Repeat offenders 'evading court' Repeat offenders 'evading court'
(about 4 hours later)
The introduction of on-the-spot fines for crimes such as shoplifting means some persistent offenders avoid picking up a criminal record, police say.The introduction of on-the-spot fines for crimes such as shoplifting means some persistent offenders avoid picking up a criminal record, police say.
Details of fines handed out in England and Wales do not have to be put onto the police national computer.Details of fines handed out in England and Wales do not have to be put onto the police national computer.
The Police Federation said this meant some people could offend repeatedly, often in different areas, without facing court action. The Police Federation says this means people can offend repeatedly without facing court action and that police overuse fines to help meet targets.
It also said some police were overusing fines to help meet government targets. But the Home Office insists fines provide "swift and effective justice".
The British Retail Consortium, which represents shop owners, said the use of fines for serial shoplifters is "ridiculously out of proportion" to the crimes they are committing.The British Retail Consortium, which represents shop owners, said the use of fines for serial shoplifters is "ridiculously out of proportion" to the crimes they are committing.
I have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for Jan Berry, Police Federation HAVE YOUR SAY It all depends on the individual and whether they are bothered or not about paying out the fine Lisa, Notts class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?threadID=5722&&edition=1&ttl=20070306110208">Send us your comments
The Home Office has previously insisted they provide "swift and effective justice" for those committing less serious offences, but should not be used for repeat offences. The Home Office said the majority of offences are recorded on the police national computer.
The Police Federation's Jan Berry told Radio 4's Law in Action: "Because a spot fine does not count as a criminal record, the details of those who receive them do not have to be entered onto the police national computer. A spokeswoman said: "Convictions aren't the only way to ensure justice and in many cases they are not the best solution.
"Someone could get caught shoplifting in different towns, receiving spot fines, and nobody would know." "Pre-court disposals, such as penalty notices, have been strongly supported by the police as a way of immediately punishing low-level offenders."
And she added: "I have no doubt that there are police officers issuing on-the-spot fines for offences which they think a person should go to court for." But the Police Federation's Jan Berry told BBC Radio 4's Law in Action that because spot fines do not count as a criminal record, the details of those who receive them do not have to be entered onto the police national database.
"Someone could get caught shoplifting in different towns, receiving spot fines, and nobody would know," she said.
Serial offendersSerial offenders
On-the-spot fines for theft and criminal damage, officially known as penalty notices for disorder, were introduced by the government in 2004.On-the-spot fines for theft and criminal damage, officially known as penalty notices for disorder, were introduced by the government in 2004.
On-the-spot fines In 2004, 2,072 were issued for shop thefts of under £200In 2005, that figure increased to 21,997And in the first six months of 2006, 16,807 were given out
They can be used for shoplifting when the value of the goods stolen is under £200, and for cases of vandalism when the estimated cost to repair the damage is less than £500.They can be used for shoplifting when the value of the goods stolen is under £200, and for cases of vandalism when the estimated cost to repair the damage is less than £500.
The fines are £80 for over-16s and £40 for younger offenders.The fines are £80 for over-16s and £40 for younger offenders.
Richard Dodds, from the British Retail Consortium, said: "When on-the-spot fines were introduced, retailers were told that they would not be given to repeat offenders, that they would only be given with the victim's consent, in other words if the shopkeeper agreed that was the right approach, and that they would only be given where the value of goods was less than £200. Richard Dodds, from the British Retail Consortium, said: "Retailers were told that they would not be given to repeat offenders, that they would only be given with the victim's consent, and that they would only be given where the value of goods was less than £200.
"We're quite clear from feedback that we get from retailers that actually these guidelines are frequently being ignored.""We're quite clear from feedback that we get from retailers that actually these guidelines are frequently being ignored."
Mr Dodds also said he had been told by the Home Office of plans to make first-time offenders give a so-called "on the street apology" to the shopkeeper instead of facing any form of penalty.
"Now if that isn't a license to walk into shops and take things, knowing that you will face the equivalent of no penalty at all, then I don't know what is," he added.
Drug addictsDrug addicts
Drunk and disorderly behaviour can also be dealt with by issuing a fixed penalty notice - another form of on-the-spot fine. Mr Dodds also claimed a Home Office consultation paper which suggested first-time offenders could simply be required to give an "on-the-street apology" to the shopkeeper rather than a fine was "a licence to walk into shops and take things".
But when the fines were introduced it was stated they would not be used in cases where the offender is suspected of being a drug addict. The fines are not meant to be used in cases where the offender is suspected of being a drug addict - so the offender can be given help by the probation and prison services to tackle their addictions.
This is because those who commit crimes to pay for drugs are meant to be given help by the probation and prison services to tackle their addictions.
I recently represented one addict who had been given five on-the-spot fines over a period of six weeks Tony Murphy, solicitor
But there is evidence to suggest that in some force areas, this is being ignored.But there is evidence to suggest that in some force areas, this is being ignored.
Liverpool solicitor Tony Murphy told Law in Action some drug-addicted offenders were slipping through the net.Liverpool solicitor Tony Murphy told Law in Action some drug-addicted offenders were slipping through the net.
"I recently represented one addict who had been given five on-the-spot fines over a period of six weeks," he said.
"She was desperate for help with her addiction but only got it when she was convicted with the more serious offence of handling stolen goods."
Law in Action is broadcast on BBC Radio 4 at 1600 GMT on Tuesday 6 March.Law in Action is broadcast on BBC Radio 4 at 1600 GMT on Tuesday 6 March.