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Cannabis Campaigners' Guide News Database result:
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Scotland: Police plan warnings instead of arrests
Lucy Adams The Herald, Glasgow
Friday 31 Oct 2003 AS MINISTERS unveiled plans for tougher powers to crack down on "neds" yesterday it was revealed that Scotland's most senior officers are considering giving adult offenders warnings rather than arresting them. Critics say the combination of the hardline Anti-Social Behaviour Bill and the warnings system gives a confusing message to the public. The Association of Chief Police Officers in Scotland (Acpos) is trying to establish what it calls an "adult police warning system". It would allow officers to hand out official warnings for less serious offences. A report by Her Majesty's Chief Inspectorate of Constabulary (HMIC) in Scotland published today backs the move but warns, "there is a danger of a warning scheme being perceived as a less effective outcome" for the victims of crime. The report suggests that the range of offences included in the system must be agreed with procurators-fiscal and that infringements should be recorded to avoid any one person collecting multiple warnings in different force areas. In England, a hardline final warning system was adopted in 1998. Under this scheme, which replaces cautions for young offenders, the warning is accompanied by intervention to reduce the likelihood of reoffending. The controversial "three strikes and out" warnings system for people found with cannabis was dropped last year after claims that it was unworkable. The aim of the Scottish scheme would be to save police time and effort spent on producing reports for the procurators-fiscal for cases which may never be prosecuted. However, Nicola Sturgeon, the SNP justice spokeswoman, said the warnings system could put out a muddled message. "The danger is that this sends out a confusing message and that is bound to be a concern," she said. "There has to be a clear message that this is not a soft option and an explanation of exactly how the system would work. With caveats I would give this a cautious welcome." Full details of the Anti-Social Behaviour Bill were unveiled yesterday. Children as young as 12 could be electronically tagged and older teenagers face on-the-spot fines for offences such as urinating in public and breach of the peace. The new bill will also give police the power to disperse groups of young people loitering in the streets, but officers at every level have criticised the move. Police will be able to ban groups of youngsters from certain publicised, hotspots for up to three months. They will also be given powers to issue fixed penalties for minor offence like vandalism or breach of the peace but these would not apply to under-16s. If the fixed penalty is paid, that would end the matter, but if it was disputed, prosecution could follow. Chief police officers welcomed proposals for a warnings system and the new bill. A spokesman for Acpos said: "In general we are supportive of the adult warning system to provide a consistent approach across Scotland and ensure an element of fairness and enforcement policy. Sir Roy Cameron, chief inspector of constabulary, said: "The warnings system might allow us to dispense justice more rapidly." Launching the bill yesterday, Jack McConnell, the first minister, said: "Our job as politicians is to listen, and act, on the concerns of those who elect us. A major concern of Scots of all ages and across all communities is anti-social behaviour. "Our proposals send out a strong message to all Scots suffering from anti-social be-haviour that we have listened to what they have said." Opponents have accused the executive of needlessly demonising youngsters through the pledge by ministers to tackle young offenders. Police time is also being lost with officers having to attend courts to give evidence that is frequently not required, according to another report. From a monthly average of 1077 police witnesses called to attend court, only 14% were required to give evidence, the report by Lothian and Borders Police revealed. Conducted in Scotland's second largest force, the findings are the result of the biggest survey so far of police witnesses undertaken in Scotland. * Main points of the bill Police power to issue fixed penalty notices to people over age of 16 for minor offences including vandalism, urinating in public, drinking in public and breach of the peace. Notice may be challenged in court. Electronic tagging extended to under-16s. Children's hearings to be able to impose electronic monitoring as condition of a supervision requirement. Extension of anti-social behaviour orders (ASBOs) to 12-15 year olds. For breach of an order by an under-16 not involving another offence detention will not be an option. Explicit power of arrest for breach of an ASBO. Police powers to disperse groups of youths from a particular area where they have been causing alarm or distress. Designation will last for a maximum of three months and may cover specific times or days. Such designations must be given extensive publicity. New police power to close premises at centre of anti-social behaviour for up to three months. Closure must be endorsed by the courts. Local authorities power to implement noise nuisance service 24 hours a day and 7 days a week. Provision for fixed penalty notices for noise and more effective powers for seizure of noise-making equipment. Fixed penalty notices for fly-tipping and litter. Ban on sale of spray paint to under-16s. Such sales will be criminal offence.
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