Where can one get access to statistics on the number and for what offence FPNs being issued? I understand they are being used more and more, which is a concern, not just because they bypass solicitors reducing the supply of work, but they are open to abuse, in my view.
Some criminals I know love them....
I am confused about thier status. My understanding is that they are not criminal convictions or form part of a person's criminal record, yet they can be used to provide bad character as being evidence of reprehensible behaviour. Like cautions, before a FPN can be issue the recipient must accept they have committed that crime. Is this correct?
I'd be interested in people's views on FPNs.A fixed penalty notice (FPN) and a Penalty Notice for Disorder (PND) are one-off penalties issued to anti-social behaviour offenders.
http://www.homeoffice.gov.uk/anti-social-behaviour/penalties/penalty-notices/Fixed Penalty Notices (FPNs)Fixed Penalty Notices generally deal with environmental offences such as litter, graffiti and dog fouling, and can be issued by local authority officers and in a limited capacity by police community support officers and other accredited persons.FPNs can be issued to anyone over 10 years old and are penalties of £75 for most offences.
Offences where an FPN might be issued
Examples of offences where a FPN may be issued include:
dropping litter
minor graffiti offences or fly posting
not clearing up dog fouling
where noise is causing a statutory nuisance
where excessive noise is coming from a private residence during the night
Receiving a penalty notice does not count as getting a conviction. Recipients have 14 in respect of a FPN to pay the penalty or to request a hearing. Failure to pay a penalty may result in a higher fine imposed by the court or imprisonment.
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Penalty Notices for Disorder (PNDs)
Penalty Notices for Disorder are issued for more serious offences, like throwing fireworks or being drunk and disorderly. PNDs can be issued by the police, and again, in a limited capacity by community support officers and other accredited persons.
PNDs can be issued to someone over 16 years old and are for either £50 or £80 depending on the severity of the behaviour.
We introduced PNDs specifically to tackle low-level anti-social behaviour and to reduce police bureaucracy in dealing with these types of crimes.
Offences where a PND might be issued
Examples of offences where a penalty notice for disorder may be issued include:
behaviour likely to cause harassment, alarm or distress to others
drunk and disorderly behaviour in a public place
destroying or damaging property up to the value of £500
retail theft under £200
sale of alcohol to a person under 18 years of age
selling alcohol to a drunken person
using threatening words or behaviour
breach of a fireworks curfew
Receiving a penalty notice does not count as getting a conviction. Recipients have 21 days to pay the penalty or to request a hearing, or the penalty will be reissued at one and a half times the original amount. Failure to pay a penalty may result in a higher fine imposed by the court or imprisonment.
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http://www.homeoffice.gov.uk/rds/spnd.htmlSentencing Statistics Quarterly Brief
This provides the latest trends in sentencing in England and Wales, _base_d on provisional sentencing data. Key statistics presented are set in the context of sentencing patterns over the last five years. It considers the total number sentenced in all courts as well as giving a breakdown for magistrates courts and the Crown Court. The focus is primarily on the use of fines, community sentences, custody and average custodial sentence length.
Annual Sentencing Statistics (Home Office Statistical Bulletin)
This provides key statistics that describe the sentencing of offenders dealt with by criminal court proceedings in England and Wales. This publication replaces the sentencing chapter included in the annual command paper Criminal Statistics England and Wales until 2002.
Penalty Notices for Disorder (PND) were introduced under the provisions of the Criminal Justice and Police Act 2001. The legislation allows police to issue penalty notices to offenders for a range of minor disorder offences. This is a new data collection. We hope to publish regular statistics on the number of PNDs issued for each of the relevant offences, along with the eventual outcome of each notice when the data collection is established.
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In the USA, information on criminal records is much easier to obtain because criminal records are consider public information. Most State and city websites publish criminal records. Some companies offer
criminal national background record search over the internet with instant reports. However, for certain visa applications and for critical job applications, then fingerprints must be sent to the FBI.