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1st December 2009
Fiscal Fines For Assault
Local Conservative candidate and North
East MSP Alex Johnstone has moved quickly to draw attention
to the increasing use of Direct Measures or 'Fiscal Fines'
in assault and assault to injury cases.
Figures revealed by the Scottish Government
show that across Scotland, 7.4% of assault cases were
disposed by use of a Fiscal Fine, whilst 4.5% of assault to
injury cases attracted the same measure.
However, Courts in both Aberdeen and
Stonehaven reported figures well above the national
average. Of the 147 assault charges in the city, 14, or
9.5% of persons charged, were offered a Fiscal Fine, with 5
of the 72 cases of assault to injury, or 6.9% of cases dealt
with the same way.
Although skewed by a lower number of cases,
Stonehaven disposed of 22% of assaults and 50% of assault to
injury charges with a direct measure.
Commenting on the figures, Mr Johnstone said
"When Fiscal Fines were introduced, it was with the
intention of speeding up the justice process and freeing up
court time for more serious cases."
"Anyone being offered a direct measure, does
not see the inside of a courtroom, and effectively gets a
slap on the wrist and sent away again. I do not believe
that any violent act which results in injury to the victim,
should be dealt with in a manner that appears to be little
more than frivolous."
"Whilst every case must be tried on its
merits, we must bear in mind that the injuries sustained by
assault victims are not just physical. Victims of violent
acts can often subsequently suffer from a range of mental
health issues including agoraphobia and loss of self
esteem."
"Fiscal Fines provide no deterrent and
little in the way of punishment and I would argue that they
should not be used to deal with cases of violence. The
community must have confidence that criminals are punished
in an appropriate way, and direct measures simply do not
achieve that."
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