The Gazette 1972

"On the Spot Fines"

FIFTEENTH INTERIM REPORT

OF THE COMMITTEE ON

COURT PRACTICE AND PROCEDURE

To :

Desmond O'Malley, Esq., T.D.,

Minister for Justice

(1) The system whereby an accused person is given

the option of paying a fixed penalty in lieu of attending

in court for trial has come to be known as the "On the

Spot Fines" system.

(2) So far it has been applied to car-parking offence».

This Committee has indicated at paragraph 40 of oui

Fifth Interim Report dated 20th April, 1966, that the

system had operated well and had resulted in a substan-

tial saving of time in the District Court and of the

police and of other parties attending court. We also

indicated in that paragraph that the system "could with

advantage be extended to other petty offences which

can be appropriately dealt with by a fixed penalty and

which do not involve any appreciable degree of moral

culpability". We have been requested to expand our

views on this topic by indicating to what extent the

system might be extended to other offences.

(3) The present system was initiated under section

103 of the Road Traffic Act, 1961, as amended by

section 64 of the Road Traffic Act, 1968, and is en-

forced by traffic wardens in Dublin and by the Garda

Siochana in other areas.

(4) The statutory provisions, shortly stated, enable

a garda or traffic warden, who finds a mechanically

propelled vehicle and has reasonable grounds for believ-

ing that an offence (to which section 103 applies) in-

volving the use of the vehicle is being or has been com-

mitted, to affix to the vehicle (or deliver to driver) a

notice in the prescribed form stating :

(a) that such person is alleged to have committed

that offence,

(b) that such person may, during a period of

twenty-one days beginning on the date of the

notice, make to a member of the Garda Siochana

at a specified Garda Siochana station a payment

of a prescribed amount accompanied by the

notice,

offence will not be instituted during the period

specified in the notice or, if the payment specified

in the notice is made during that period, at all.

(5) Section 103 has been applied to offences com-

mitted under section 84 (stands for street service

vehicles), 86 (stopping places and stands for omni-

buses), and 90 (parking of vehicles on public roads) by

the Road Traffic Act, 1961, (section 103) (Offences)

Regulations, 1962 (S.I. No. 91 of 1962) as amended.

(6) We repeat our view, already expressed in para-

graph 40 of our Fifth Interim Report that the opera-

tion of this system of "On the Spot Fines" does not

amount to conducting a trial. It gives an accused

person the option to pay a fixed penalty or to attend

the court for trial. Thus the operation of the system in

no way contravenes the provisions of the Constitution

relating to the administration of justice.

(7) In general, we are of opinion that offences which

could be suitably disposed of under the "On the Spot

Fines" system would be summary offences in respect of

which :

(a) there is no appreciable degree of moral culp-

ability,

(b) a small fixed penalty would be appropriate, and

the offence committed would be visually ap-

parent.

(8) Applying the guidelines mentioned in the pre-

vious paragraph we are of opinion that the most

suitble types of additional offences which could be

dealt with under the system are those relating to :

(1) Construction, equipment and use of mechani-

cálly propelled vehicles (under the Road

Traffic (Construction, Equipment and Use of

Vehicles) Regulations, 1963, as amended);

(2) Lighting of mechanically propelled vehicles

(under the Road Traffic (Lighting of Vehicles)

Regulations, 1963, as amended);

(3) Driving mechanically propelled vehicle at a

speed in excess of the relevant speed-limit but

only where a speed-detection instrument is

used (under the Road Traffic (Speed Limits)

Regulations, 1963, as amended);

(4) Failure to display tax disc on mechanically pro-

pelled vehicle (under the Roads Act, 1920,

section 5(6) and the Registration and Licensing

Regulations, 1958 and 1962);

(5) Allowing identification mark on mechanically

propelled vehicle to become not easily distin-

guishable (under the Roads Act, 1920, section

(6) Having wireless set or television set without

holding a broadcasting receiving licence (under

Wireless Telegraphy Act, 1926, and Broad-

casting

(Receiving

Licences)

Regulations,

1961);

(7) Failure of keeper of dog to pay dog duty (under

Finance Act, 1925, section 37);

(8) Street-trading (selling or offering for sale goods

by retail in a street to passers-by) without a

street-trader's certificate granted by the Com-

missioner of the Garda Siochana (under Street

Trading Act, 1926);

(9) Stall-trading without a street-trader's stall

licence granted by Dublin Corporation (under

Street Trading Act, 1926);

(10) Depositing litter on street (under local bye-

laws);

(11) Failure to make an annual return to registrar

of companies (under the Companies Act, 1963,

sections 125, J 26, 127 and 128);

(12) Failure to make an annual return to the

Registrar of Friendly Societies (under the In-

dustrial and Provident Societies Act, 1893, sec-

tion 14); and

^(13) Food Hygiene Regulations, 1950.

(9) We recommend accordingly that the "On the

Spot Fines" system be extended to the offences set out

in paragraph 8.

(10) We also recommend that the fixed penalty be

coupled with a two-period time-limit for payment and

that the fine be £2 if paid within fourteen days and,

if not so paid, be £3 if paid within a further fourteen

days. We consider, however, that the fine should be £10

in regard to the offences already referred to under the

Companies Act, 1963, and the Industrial and Provi-

dent Societies Act, 1893.

(11) In regard to the offences of having a wireless

set or television set without holding a licence, we re-

commend that the defaulter be given the option of pay-

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