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LINCOLNSHIRE POLICE
Policy Document
1.
POLICY IDENTIFICATION PAGE
POLICY TITLE:
ROADSIDE DEPOSIT AND GRADUATED FIXED
PENALTY SCHEME
POLICY REFERENCE NO:
PD 148 (3)
POLICY OWNERSHIP:
ACPO Commissioning Officer:
ASSISTANT CHIEF CONSTABLE
Portfolio / Business-area Owner:
ASSISTANT CHIEF CONSTABLE
Department Responsible:
OPPERATIONS SUPPORT
Senior Owner:
CHIEF SUPERINTENDENT OPERATIONS
SUPPORT
Links or overlaps with other policies/strategies:
Health and Safety Policy – PD 27
Lincolnshire Police Equality Scheme
Equality and Diversity – 3 year plan
Data Protection and Freedom of Information Act Policy – PD 141
POLICY EFFECTIVE DATE:
MARCH 2013
POLICY REVIEW DATE:
MARCH 2015
VERSION:
DATE:
REASON FOR ISSUE:
(0)
Nov-10
New policy to be implemented
(1)
Apr-11
Updated to align to new force structure effective from the 31st May
2011
(2)
Apr-12
Update to align to new strategic partnership with G4S.
(3)
Mar – 13
Updated to align to PENTIP process and permit use to designated
non-RPU officers.
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2.
POLICY STATEMENTS/INTENTIONS
2.1
The principles and scope of the policy
2.1.1
This policy details how Lincolnshire Police will implement the Roadside Deposit and
Graduated Penalty schemes as contained in the Road Safety Act 2006. It includes
guidance in relation to the management of cash and credit card deposits, audit
procedures and administration of the process.
2.1.2
It is intended to act as a point of reference for all Police officers and Lincolnshire
police and partnership staff who may be involved in the management of the
Graduated Penalty Ticket Scheme from point of issue to the finalisation of the
process following court action.
2.2
The aim of the policy
2.2.1
•
2.2.2
•
2.2.3
•
Provide clear and unambiguous information on the use of the Graduated
Fixed Penalty Scheme and Roadside Deposits
Provide a framework of instructions for the management of payment
administration and audit of the scheme
Meet the requirements of the Data Protection Act.
3.
INTRODUCTION/LEGAL BASIS
3.1
The origins/background information
3.1.1
The Road Safety Act 2006 contains measures to implement Roadside Deposit
and graduated Penalty Schemes, which are to come into force on the 1st April
2009. This will enable police officers (and VOSA) to:
• Issue graduated fixed penalty tickets to persons committing commercial
vehicle offences
• Issue fixed penalties to offenders who do not have a Great Britain driving
license and/or counterpart, in respect of both non-endorsable and
endorsable offences;
• Request immediate financial deposits from offenders who do not have a
satisfactory UK address, whether they are resident or not (equivalent to an
on-the-spot fine) – either in respect of a fixed penalty for a motoring
offence or as a form of surety where a motoring offence is to be
prosecuted in court; and,
• Immobilise vehicles in any situation where a vehicle has been prohibited
from continuing a journey, including cases where the vehicle has been
prohibited because payment of a requested financial deposit has not
immediately been paid.
3.1.2
Implementation of provisions will mean that, for the first time, foreign offenders or
those UK offenders without proper addresses will be successfully prosecuted for
vehicle roadworthiness and other road traffic offences committed in Great Britain
in a similar manner to those committed by domestic offenders.
3.1.3
The term ‘deposit’ refers to the financial sum that an offender will be required to
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provide to the enforcement officer – either in order to guarantee payment of a fixed
penalty, or in order to provide a surety against a subsequent court fine, in the event
that the offence is dealt with in court. Given that a vehicle may be prohibited from
further use (and also immobilised) if a deposit is not immediately paid, the vast
majority of offenders are expected to pay the deposit on the spot.
3.1.4
The deposit procedure is necessary for two reasons.
1. In order to allow an offender the same period of 28 days grace that a UK-offender
is given – during which there is an option to elect for a court hearing instead of
accepting a fixed penalty.
2. In order to ensure that non-UK residents and UK residents without a satisfactory
address are required to pay a financial penalty – in the same way as a UK offender
who pays a fixed penalty, or a subsequent court fine in respect of the offence.
3.1.5
Payment of the appropriate amount shall be made—
• In person to the vehicle examiner or the constable, by cash or credit or debit
card, if the vehicle examiner or constable has the necessary means to
accept payment in that manner;
• By telephone by credit or debit card, to the number given on the document
referred to in section 90A(3) of the Act, if a number is so given; or
• By any other means specified on the document referred to in section 90A(3)
of the Act.
3.1.6
The police are required to transport the payment to Her Majesty’s Court Service
(HMCS) where it will be ‘banked’ in an appropriate account and held for the statutory
28 days before:
• Becoming a payment for the fixed penalty
• Being held as a deposit for court appearance should the recipient of a fixed
penalty have returned a written request for court appearance or it was issued
originally as a deposit on summons
• Returned to the offender as a refund (with interest) if either the case is
withdrawn or he or she is found not guilty.
3.1.7
A refund would need to be made in any of the following circumstances:
• if a deposit is not processed to either FPN payment or commencement of
proceedings (information laid within 6 months) within 12 months after the
requirement to pay the deposit was imposed;
• the offender was prosecuted in court and acquitted;
• the offender was prosecuted in court but no fine imposed; and,
• the offender was prosecuted in court and the court imposed a lesser fine than
the amount of the penalty deposit paid.
3.2
Motivators/Driving Forces
3.2.1
Lincolnshire is a rural force, which attracts high numbers of commercial vehicles from
outside the UK, together with large numbers of holidaymakers. In addition to
commercial vehicle infractions, almost 20% of the camera activations are linked to
foreign vehicles.
3.2.2
There existed no easy system for dealing with such offenders, as they could not be
issued with endorsable tickets due to the lack of suitable address for follow up action.
It was extremely unlikely that any court would issue an international arrest warrant for
a traffic related offence.
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3.2.3
The government recognised the inherent unfairness of the current system, where the
only suitable alternative to the issue of a ticket was the arrest of the offender, and
has acted to remedy the situation.
3.2.4
There are provisions within the Road Safety Act that will enable VOSA and the police
to issue fixed penalties to non-GB resident and GB resident offenders alike,
regardless of whether the offence is endorsable (i.e. penalty points are to be
endorsed on the driving licence/driving record); and to request a deposit from any
offender who does not have a “satisfactory” address. Such deposit payments may be
either in respect of a fixed penalty or as a form of surety in respect of a fine where an
offence is to be prosecuted in court. They will effectively amount to an on-the-spot
fine, which an offender can choose to contest in court if they wish to do so.
3.2.5
At the same time, those drivers with non-GB licences and who commit endorsable
offences will not require a counterpart and the authorities will be able to record
penalty points against the driver on a licence record with DVLA (electronic record
only, no licence or counterpart necessary or issued). Officers will check the licence
record on PNC and if the licence record is not at the “totting” level, add additional
points to this record. For the first time, non-GB licence holders will risk
disqualification if they continue to drive badly and increase the road safety risk of
road users.
3.2.6
The final issue is how to overcome the problem of offenders ignoring a prohibition
notice and simply continuing their journey after VOSA or the police have left the
enforcement site. The regulation-making powers under Schedule 4 of the Road
Safety Act enable regulations to be made permitting enforcement agencies to
immobilise prohibited vehicles (including immobilising vehicles where the vehicle has
been immobilised because the driver has not yet made, or has refused to make, a
requested financial penalty deposit payment).
3.2.7
In order to provide officers with a proportionate approach to the enforcement of minor
traffic offences which are committed by individuals who are unable to be dealt with
under the standard endorsable penalty system, Lincolnshire police adopted the
Graduated Penalty and Roadside Deposit scheme.
3.3
General Principles of the Policy
3.3.1
The purpose of this policy is to ensure a corporate approach to the use of the
Graduated Penalty Scheme, and to provide a robust policy to ensure the security of
the process and provide protection for officers and staff who are operating the
scheme.
3.4
Responsibility for the system
3.4.1
Operations Support will have responsibility for training staff in the use of the tickets
and policy, as well as ensuring that only trained staff are issued with tickets, and
that these are checked on a regular basis.
3.4.2
Support services staff at police stations where RPU officers are based will be
responsible for the collection of monies deposited by officers from the suitable
central repositories, and also that the tickets are then dispatched to the Central
Ticket Office at police HQ.
3.4.3
The manager, Central Ticket Office, will have responsibility for the administration of
the scheme.
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Methodology
3.5
Officers, designated by the Ops Support Chief Superintendent, will be suitably
trained and issued with uniquely numbered tickets and sealable bags.
3.5.1
Support Services will issue the books and should be signed for by officer.
Supervisors will be responsible for checking books on a regular basis.
3.5.2
Officers will be personally responsible for the tickets, and must not issue tickets
other than those issued to, and signed for, by them.
3.5.3
These tickets can be used as: -
3.5.4
•
•
•
•
Endorsable
Non-endorsable or
Graduated FPN and
Used for, or without, a deposit
3.5.6
PentiP will allow selected officers to issue both graduated fixed penalties and take
deposits from those without a satisfactory UK address.
3.5.7
However, for graduated fixed penalties the special ticket process will allow the
officer to identify the fine amount and then using the table of offence and penalty
codes and add the CJ code for the penalty amount.
3.5.8
Officers will be trained by identified RPU staff to: •
•
•
•
Complete the form
How and when to take a deposit;
What offences are covered by graduated penalties and
Be authorised to prohibit and immobilise vehicles if a deposit is not provided
3.5.9
The decision on whether to issue a fixed penalty (graduated or not) to
summons/prosecute an offender will be discretionary and a matter for the police
officer concerned in each and every case, taking all factors into consideration.
However, if FPN is appropriate and a deposit required, summons should not be the
route.
3.6
Deposit Management
3.6.1
The issuing officer will complete the fixed penalty notice, take the deposit,
credit/debit card number or cash (Stirling), and place it in the security bag supplied
with the tickets.
3.6.2
The offender and officer(s) will sign the FPN and evidence bag. The offender will be
given a copy of the fixed penalty ticket and a form - ‘notification request for court
appearance’ should he or she wish to contest the issue.
3.6.3
Legislation empowers the police to require a deposit of that fixed penalty amount
allocated to the offence. The fines allocated are in Stirling and there is no
requirement or intention to accept any other currency. The payment has to be by
credit/debit card or cash and will be the exact amount as there is no provision for
issuing change.
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3.6.4
It is anticipated that most non-UK citizens will use credit cards to process payment.
In this event, the card details will be added to the ticket. The 24 hour payment line
will be contacted (0300 1231 482) and payment made against the ticket. An
authorisation code will be given and should be recorded on the ticket prior to it being
sealed in the security bag.
3.6.5
The rear of the ticket is a statement form, under section 9 Magistrates Court Act.
This form should be fully completed with time, day, date information as well as
enough information to prove the offence. This ticket should then be placed into the
security bag.
3.6.6
If the offender refuses to pay, the officer should consider utilising powers of arrest
under PACE, or prohibiting the vehicle and immobilising by way of an approved
device.
3.6.7
Once the ticket bag has been sealed, the ticket will be placed inside a secure
storage safe within the police vehicle.
3.6.8
When convenient, and before booking off that tour of duty, officers will ensure that
the ticket bag is placed inside a secure storage box which will be based at the
designated stations. They will complete a log sheet maintained at the safe to that
effect.
3.6.9
On a daily basis, Support Services staff based at the RPU station will empty this
safe, log all tickets, and ensure that the tickets are then sent to the Central Ticket
Office at HQ in a secure manner via the normal internal mail system only.
3.6.10 Central Ticket Office staff will log the received cash bags and ensure that the bags
are transferred to Her Majesty’s court Service.
3.7
Deposit Discrepancies
3.7.1
The officer dealing will place deposits and tickets in a sealable plastic evidence type
bag at the roadside. Both the officer and the offender will be required to sign the
ticket to certify the deposit is correct.
3.7.2
The evidence bag will be placed in secure numbered cash bag and sent to CTO via
Support Services.
3.7.3
CTO will be responsible for opening the security bag and checking deposits as well
as processing the ticket through PentiP. Any cash deposits will be forwarded onto
the handling court at Loughborough by secure courier.
3.7.4
If CTO staff identify any discrepancies, they will contact the manager of the CTO
who will notify the Operations Support Chief Superintendent, or representative, to
make suitable enquiries with the issuing officer.
3.8
Immobilisation
3.8.1
Lincolnshire Police have a number of suitable immobilisation devices for preventing
the removal of vehicles.
3.8.2
The Department of Transport have suggested that generally vehicles should on be
immobilised if:
• Continued use of the vehicle represents danger to other road users
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•
•
•
(seriously defective, overloaded beyond design weights, or the driver has
driven too long or taken insufficient rest)
Other reasons, and there is intelligence that the driver will not adhere to the
conditions of the prohibition
Officers are leaving the site and there is no certainty that they will continue
to comply with the terms and conditions of the prohibition
A person who has been requested to pay a deposit, not arrested under the
PACE general arrest conditions, and who is refusing to pay
3.8.3
Within Lincolnshire, only officers who have undergone a recognised course (PG9 or
Tachograph level 2) will be able to impose a prohibition on a vehicle or driver.
3.8.4
However, non payment of roadside deposit also carries a power of prohibition and
immobilisation and as such officers trained in the issue of these tickets will be
authorised to prohibit and immobilise under this power only.
3.8.5
Where immobilisation is required due to any of the above criteria the officer (if not
themselves authorised) will contact Force Control Room (FCR) to arrange a suitably
trained officer to attend and fit the immobilisation device.
3.8.6
The officer fitting the device will get the FCR to create an incident recording exact
location, VRM of vehicle and distinguishing mark/livery and exact reason for the
immobilisation. This will allow it to be found easily at a later time by a different
officer.
3.8.7
Once an immobilising device is fitted a notice will be placed on the vehicle in a
prominent position to remind the driver not to move.
3.8.9
When the reason for immobilisation has passed the driver will contact the FCR
quoting the incident number and an officer will be dispatched to check the
circumstances and remove the device once the power to prohibit has lapsed.
3.9
Lost or Stolen Tickets
3.9.1
Officers must be mindful that tickets could be used by individuals to take money
from persons. It is therefore vital that any time a ticket is lost, stolen or cancelled
that the Central Ticket Office manager be informed as soon as possible.
3.10
Legal Basis
3.10.1 The legal basis for this policy derives from Section 3 of the Road Safety Act 2006,
and Sections 53 and 84 of the Road Traffic Offenders Act 1988.
3.11
Human Rights Considerations/Articles Engaged
3.11.1 As this policy is fundamental to rights of individuals in respect of the powers and
duties of the police, consideration has been given to the compatibility of this policy
and related procedures with the Human Rights Act 1998; with particular reference to
the legal basis of its precepts; the legitimacy of its aims; the justification and
proportionality of the actions intended by it; that it is the least intrusive and
damaging option necessary to achieve the aims; and that it defines the need to
document the relevant decision making processes and outcomes of that action.
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APPENDICES
Appendix 1 – Guidance to Procedures
Appendix 2 - Procedures
5.
IMPLICATIONS OF THE POLICY
5.1
Financial Implications/Best Value
5.1.1
Security of roadside deposits will necessitate the purchase of secure storage areas
within police vehicles and also at police stations.
5.1.2
There are no projected ongoing costs associated with the administration of the
scheme.
5.2
Human Resources/Training
5.2.1
The scheme will be limited initially to those RPU officers who are trained in vehicle
prohibition. It may well be rolled out subsequently to all RPU officers. The capacity
exists within the department for training to be conducted internally.
5.2.2
CJS managers will also train central ticket office staff internally, forming merely an
extension to their current processes.
5.3
Corporate/Business Plan
5.3.1
This Policy is compliant with other Force Plans.
5.4
Risk Management
5.4.1
There are no Risk Management issues associated with this policy
5.5.
Health and Safety
5.5.1
There are no additional Health and Safety Implications inherent in this policy other
than the risk assessments already in place:20 – Vehicle Examiners
70 – Static Vehicle Checks
71 – Stop Checks of Motor Vehicles
72 – Stop Checks of HGV and PCVs
110 – RPU Officers Duties
132 – Patrol in Marked Car
133 – Patrol in Unmarked Car
170 – RPU Motorcyclist Duties
5.6
Diversity
5.6.1
Consultation has been undertaken to ensure that this policy satisfies the obligations
of the Race Relations Act 1976 as amended by the Race Relations (Amendment)
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Act 2000.
5.6.2
This policy is relevant to the obligations placed upon the police service to:
1) Eliminate unlawful practice.
2) Promote equality of opportunity; and:
3) Promote good race relations between people of different racial groups.
5.6.3
A Gender and Disability Impact Assessment has been carried out regarding this
policy and there are no adverse implications identified.
5.6.4
Every Child Matters
N/A
5.6.5
Crime and Disorder Act
The impact of this Policy upon Crime and Disorder has been considered in
accordance with the Crime and Disorder Act 1998. There are no features of this
Policy, which are thought likely to increase crime and disorder.
5.6.6
Internal Policy/Strategy Links
This policy links with:
• Diversity Strategy
• The Data Protection and Freedom of Information Act Policy PD 141
• The Policy has also been the subject of a diversity audit
5.6.7
Consultation
Consultation on the policy has taken place with:
Chief Officer Group
Heads of Departments
Staff Associations
Police Authority
Black Police Association
Lincolnshire Gay Police Association
FCR
Health and Safety
Fleet Management
Driver Training
Strategic Development
5.6.8
Publication
This policy is suitable for general disclosure to the public under the principles of the
Freedom of Information Act.
6.
PROMOTION/DISTRIBUTION
6.1
Publication to the Public will be via the Force Internet Website.
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6.2
Publication to Force personnel will be via the Force Intranet and upon request via the
Policy and Strategy Support Officer for a hard copy.
7.
MONITORING/REVIEW
7.1
Monitoring
This policy will be subject to ongoing review by the Chief Superintendent Ops
Support to ensure that any changes in legislation, guidance or procedures are
incorporated as soon as possible. Amendments will be notified to the Force
according to the publication/distribution details above.
7.2
Review
This policy will be fully reviewed every two years. Earlier review may be prompted by
the monitoring process detailed above, or by inefficiencies being identified. Reviews
will cover compliance with the Law, Human Rights, Equality and Diversity issues.
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