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A fiscal fine is a form of deferred prosecution agreement in Scotland issued by a procurator fiscal for certain summary offences as an alternative to prosecution.

Fiscal fines can vary between £50 and £300, but an compensation offer may be issued either separately or additionally with similar effect but with payment going to the victim of crime: these can be of any amount not exceeding £500. Whilst not being recorded as a conviction or formal admission of guilt, the payment of a fiscal fine can be revealed in certain circumstances. The power to issue fiscal fines is conferred by section 50 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

Controversy

The Scotsman newspaper reported in 2008 that fiscal fines were being used to deal with violent and serious crimes, contrary to previous assurances from the Crown Office.

The enforcement regime was also criticised in the Scottish Parliamentmarker when figures revealed 45% of fiscal fines issued remained unpaid.

References

  1. http://www.scotcourts.gov.uk/payyourfine/DirectMeasures.asp
  2. http://www.scotcourts.gov.uk/payyourfine/DirectMeasures.asp
  3. http://www.heraldscotland.com/anger-as-violent-criminals-get-fiscal-fine-deals-1.883119
  4. http://www.heraldscotland.com/almost-half-of-fiscal-fines-are-unpaid-despite-enforcement-regime-1.906055


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