Unit 3 Lesson 10.2: Direct Measures Flashcards
What are the three non-reporting options?
- Discretionary (verbal) warnings
- Recorded Police Warnings
- Antisocial Behaviour Fixed Penalty Notices
When should verbal warnings be used?
Instances of anti-social behaviour
Minor acts of disorder
Minor road traffic violations
Are verbal warnings recorded or cautioned/charged?
No
What does an RPW state?
Time, date, locus and nature of the offence
How long is an RPW held on the system for?
On CHS for 2 years and warning is live for 3 months.
What is the criteria for issuing a recorded Police warning?
- 16+ (not CSO)
- offence is minor in nature
- sufficient evidence
- offender is understanding
- identity can be proved
When should an RPW not be issued?
- persistent or alarming conduct
- major disturbance
- aggravation
- repeat victim
- significant harm to individual or community
- bail
- supervision order or ASBO
- previous conviction in court in past 3 years
- link to OCG
Timeframe for multiple RPWs (18+)
18+, should not be issued with more than 1 RPW in a 3 month period, and more than 3 in a year
Timeframe for RPWs (16/17)
16/17, should not be issued with more than 2 RPWs in 3 month period, and no more than 4 in a year (prior to 18)
Examples of offences for RPW
- offences under s.128 antisocial behaviour act
- threatening or abusive behaviour
- minor breach of the peace
- minor theft
- common law crime causing no harm to individuals or the community
- non-endorsable road traffic offences
- offences under VDRS
- low level possession of controlled drugs (personal use circumstances)
What does Section 128 of the Antisocial Behaviour Etc. (Scotland) Act 2004 outline?
10 offences which have been agreed upon as sufficiently minor to be dealt with by FPN
What are the 10 offences for FPN (S.128)
- Riotous behaviour whilst drunk in licensed premises
- Refusing to leave licensed premises when requested
- Urinating/defecating to cause annoyance
- Being drunk in public
- Being drunk in a public place in charge of a child
- Persisting to annoyance of others in playing musical instruments etc and refusing to desist
- Vandalism (minor damage)
- Consuming alcohol in a public place*
- Breach of the Peace (not s.38)
- Malicious mischief (minor damage)
How much is an ASBFPN?
£40, if not paid within 28 days period, increased by 50% to £60.
How old does someone have to be to recieve an ASBFPN?
16+ if not CSO
When should an ASB FPN not be issued?
- persistent or alarming conduct
- aggravated (hate)
- pattern of harassment or intimidation
- domestic violence
- similar previous conviction
- recently been issued with fine for similar offence (or more than one for same offence)
- recently (6 months) for same offence
- ASBO
- no verifiable satisfactory address
- going to be charged with more serious offence
