DIVERSION AND DECRIMINALISATION OF ROAD TRAFFIC OFFENCES

• NCJ Number: 56871
• Journal: Criminal Law Review Dated: (AUGUST 1978) Pages: 456-462
• Author(s): P HALNAN
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Sweet and Maxwell
• Publication Format: Article
• Language: English
• Country: United Kingdom
• Note: PAPER BASED ON A PAPER PRESENTED TO THE CRIMINOLOGY CONFERENCE, 1977

Annotation

ALTERNATIVE WAYS OF DEALING WITH ROAD TRAFFIC OFFENSES IN ENGLAND AND WALES, INCLUDING DIVERSION AND DECRIMINALIZATION, ARE EXAMINED, AND PENALTIES AND ROAD SAFETY EDUCATION AND RESEARCH ARE DISCUSSED.

Abstract

IN 1975, ROAD TRAFFIC OFFENSES HANDLED BY MAGISTRATE COURTS IN ENGLAND AND WALES TOTALED 2.14 MILLION. A REDUCTION IN THIS FIGURE REPRESENTS POTENTIAL SAVINGS IN THE WORKLOAD OF MAGISTRATE COURTS, WITH CONCOMITANT REDUCTIONS IN COURT TIME AND THE NUMBER OF NEEDED PERSONNEL AND FEWER BURDENS ON POLICE OFFICERS AND THE LEGAL PROFESSION. EXISTING METHODS OF DIVERSION AND DECRIMINALIZATION INCLUDE CAUTIONING, MITIGATED PENALTIES (PROSECTION AFTER DEFAULT IN PAYMENT), AND FIXED PENALTIES (NOTICES FOR LIGHTING AND PARKING OFFENSES, NONPAYMENT OF METERS, ROUTE OFFENSES, CONSTRUCTION AND USE REGULATION OFFENSES, AND NONDISPLAY OF TAX STICKERS). ALTERNATIVE METHODS OF DIVERSION AND DECRIMINALIZATION INCLUDE TRAFFIC COURTS WHERE TRAFFIC OFFENSES ARE ENTIRELY REMOVED FROM CRIMINAL COURTS, ON-THE-SPOT FINES, RATIONALIZATION AND SIMPLIFICATION OF ROAD TRAFFIC OFFENSES, AND IMPROVEMENTS TO EXISTING LAW. TWO MAIN ADVANTAGES OF THE TRAFFIC COURT ALTERNATIVE ARE THAT A SPECIALIST COURT WOULD EXHIBIT GREATER EXPERTISE IN TRAFFIC LAW AND THAT SUCH COURTS WOULD REMOVE THE STIGMA OF BEING DEALT WITH IN CRIMINAL COURTS FROM TRAFFIC OFFENDERS. THIS ALTERNATIVE, HOWEVER, IS ACADEMIC FROM THE ECONOMIC PERSPECTIVE. IT IS DIFFICULT TO ENVISION ANY ADVANTAGES OF AN ON-THE-SPOT FINE SYSTEM OVER THE EXISTING FIXED PENALTY NOTICE PROCEDURE. THERE IS SCOPE FOR THOROUGH REVISION OF EXISTING PROVISIONS DEALING WITH ROAD TRAFFIC OFFENSES, AND MINOR IMPROVEMENTS TO EXISTING LAW ARE POSSIBLE. AN ADDITIONAL WAY OF REDUCING THE NUMBER OF PROSECUTIONS FOR ROAD TRAFFIC OFFENSES IS TO SUCCEED IN REDUCING THE NUMBER OF OFFENSES COMMITTED. THIS CAN BE ACCOMPLISHED THROUGH A CONTINUING PROGRAM OF ROAD SAFETY EDUCATION AND RESEARCH. (DEP)