The Gazette 1972

"On the Spot Fines"

(a) there is no appreciable degree of moral culp- ability, (b) a small fixed penalty would be appropriate, and (c) there would be little occasion for controversy as 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-

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, (c) that a prosecution in respect of the alleged 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 :

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