According to figures obtained by the party via a Freedom of Information request, around 39 per cent of people who refused to pay fines in 2018\/19 faced no further action from the justice system.<\/p>\n
This number rose to 40 per cent in 2019\/20, with the majority of cases in 2020\/21 ongoing due to Covid-19 and court backlogs.<\/p>\n
The Scottish Conservatives said these figures showed the reality of the SNPs soft-touch justice system, adding it was at odds with a statement from deputy first minister John Swinney in Holyrood earlier this year.<\/p>\n
The Covid recovery secretary said during a justice debate that safeguards are built into the operation of fiscal fines, which are not mandatory penalties.<\/p>\n
Mr Swinney said: Anyone who is offered a fiscal fine as an alternative to prosecution may refuse such an offer by giving notice to the court to that effect.<\/p>\n
\"In such an event, the refusal is treated as a request by the alleged offender to be prosecuted for the offence, in which case the procurator fiscal decides what action to take in the public interest.<\/p>\n
Reacting to the figures, Scottish Conservative community justice spokesperson Russell Findlay said the number not penalised for refusing to pay fines exposed the sham of Mr Swinneys comments.<\/p>\n
He said: These shocking new figures show the reality of the SNPs soft-touch justice system, which routinely betrays crime victims.<\/p>\n
\"This exposes the sham of John Swinney's claim, made to the Scottish Parliament, that rejection of these fines is likely to result in prosecution.<\/p>\n
The message this sends is clear alleged offenders know they can break the law with impunity as they won't pay the price under this SNP Government.<\/p>\n
A Scottish Government spokesperson said decisions around further action were for the Crown Office to take.<\/p>\n
The spokesperson said: Use of non-court disposals for less serious offending is a long-standing and recognised part of the Scottish justice system, which the Scottish Parliament has legislated to provide powers for the Crown Office and Procurator Fiscal Service (COPFS) to use.<\/p>\n
\"Decisions in individual cases as to whether to offer a non-court disposal and the action taken if such an offer is not taken up is entirely a matter for the independent Crown Office and Procurator Fiscal Service.<\/p>\n
Figures released by the COPFS for the past three financial years show the vast majority of fiscal fines issued are paid and cases resolved. A total of 18,705 fines were issued in 2019\/20, with 180 charges from that pool marked no further action.<\/p>\n
A COPFS spokesperson said: Procurators Fiscal deal with every case on its own individual facts and circumstances.<\/p>\n
Effective and appropriate prosecutorial action is not limited to court proceedings and an offer of an alternative to prosecution is an effective response to certain types of minor crimes.<\/p>\n
The Procurator Fiscal will decide what is the most appropriate action to take, whether criminal proceedings or an offer of an alternative to prosecution.<\/p>\n
Where an alternative to prosecution is not accepted, the Procurator Fiscal will decide whether further prosecutorial action is appropriate in the individual case circumstances.<\/p>\n
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One in three face no action in Scotland after refusing to pay criminal fines - The Scotsman<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" According to figures obtained by the party via a Freedom of Information request, around 39 per cent of people who refused to pay fines in 2018\/19 faced no further action from the justice system. This number rose to 40 per cent in 2019\/20, with the majority of cases in 2020\/21 ongoing due to Covid-19 and court backlogs. Continue reading