Fixed Penalty System
Policy Scope:
The policy sets out the actions, which will be taken by the South Yorkshire Police to implement the Fixed Penalty System and Rectification Schemes.
This policy affects all South Yorkshire Police personnel especially police officers, Special Constables and Police Community Support Officers, as well as police staff in the Central Ticket Office and Enquiry Desk staff at police stations.
Policy Aims and Objectives:
By means of this policy, South Yorkshire Police aims to comply fully with the Home Office/ACPO Revised Guidance on the Operation of the Fixed Penalty System for Offences in Respect of a Vehuicle(April 2006), which is attached to this policy.
This policy also aims to achieve a consistent and cohesive approach to the issue of all Fixed Penalty Notices for Disorder in South Yorkshire.
Associated Procedural Instructions:
This policy is supported by the following procedural instructions:
Fixed Penalty Notices – Stock and Control, Action at Police Stations, and Mitigation - D50290
Fixed Penalty Notices - Police Enquiries and Fixed Penalty Waiver Schemes - D50295
Fixed penalty notices – Graduated Fixed Penalties and Roadside Deposits - D51476
Penalty Notices for Disorder Including Theft (Retail) and Criminal Damage - Instructions - D51403
The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.
In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.
Human Rights/Discretion:
The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.
Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.
Review Arrangements:
This policy together with its Equality Analysis will be reviewed every 2 years.
Rights of redress for members of the public:
Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.
Initial action should be taken in one of the following ways:
• Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
• Visit a local Citizens' Advice Bureau
• Contact a Solicitor
Rights of redress for South Yorkshire Police personnel:
South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:
• Pursue concerns through their line manager.
• Contact a First Contact Advisor.
• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
• Seek advice from their staff association or trades union.
• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.
30 March 2007
