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Debt Advice Handbook Scotland 1st ed - with new material

Alternatives to prosecution

• Fixed penalty notices
• Fiscal fines

COPFS looks at every individual case to decide whether:

•to prosecute; or
•not to prosecute; or
•not to prosecute at the moment; or
•issue a warning; or
•offer a fixed penalty notice (road-traffic offences); or
•offer a fiscal fine.

Alternatives to prosecution are sometimes known as ‘conditional offers’. You can find more information at copfs.gov.uk/the-justice-process/scotland-s-criminal-justice-system.

Fixed penalty notices

Fixed penalty notices can be issued as an alternative to prosecution where the offence is low priority. This could be, for example, for some parking offences, anti-social behaviour or breach of the peace. If the fine is paid, there is no prosecution.

Fiscal fines

Where the offence is low priority, COPFS may offer a ‘fiscal fine’. The offer may be to allow the offender to pay a sum of money as an alternative to prosecution. In most cases, the fine can be paid by instalments.

Your client has 28 days to accept or reject the offer. If they do not reply, they are deemed to have accepted it.

The offer letter specifies the clerk of court to whom payment should be made. Enforcement action will be taken if the fine is not paid.

If your client does nothing, they are assumed to have accepted the offer and are liable to pay the fiscal fine, compensation offer, or combined offer in full at the instalment rate provided in the offer letter.

If the offer is accepted and the fine paid, the client cannot be prosecuted for the alleged offence.

Fines can also be collected by civil diligence, namely arrestment, attachment, and money attachment, as if they were following an extract decree.1s221(1) CP(S)A 1995

The Scottish Courts and Tribunals Service (SCTS) is responsibile for collecting all fiscal penalties issued by COPFS or Police Scotland.

 

1     s221(1) CP(S)A 1995 »