Conditional Offers (Unit 9 Lesson 11) PDF

OFFICIAL Unit 9 Lesson 11...

OFFICIAL Unit 9 Lesson 11 Conditional Offers Learning Aim: The learner will be able to State the legislation, procedures and powers in relation to conditional offers of fixed penalty Learning Outcomes: Introduction On successful completion of the lesson, Conditional offers of fixed penalty can be students will be able to:- issued as an alternative to prosecution for certain offences. (A selection of these 1. Explain what the terms “endorsable” and offences are contained in Appendix A at the “non-endorsable” conditional offer mean end of this lesson). (pg. 2) If the offender subsequently pays the penalty, 2. State who may issue a conditional offer of this will prevent further action. Upon payment fixed penalty and under what by the offender there is no requirement for circumstances such an offer may be made officers to submit a report to the Procurator (pg. 2-3) Fiscal. The Lord Advocate has instructed that 3. Complete a conditional offer of fixed wherever possible, a conditional offer should penalty notice (pg. 4) be issued in preference to submission of a report. Failure to follow the guidelines set out 4. Identify to whom “non-endorsable” and could render the ticket invalid. “endorsable” conditional offers may be made (pg. 5) Note:- Section 34 of the Road Traffic Act 5. Explain the practical conditions where a 1991 amends the Road Traffic Offenders Act conditional offer is issued (pg. 6) 1988 and governs conditional offers of fixed penalty. Acceptance of a conditional offer by 6. Describe the procedure where multiple an alleged offender shall not be a conviction offenders/ offences are involved (pg. 6-7 and will not be recorded as such. 7. Explain the Vehicle Defect Rectification Scheme (pg. 10-11) 1 th Amended 5 March 2024 v.3 OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Types of Conditional Offer There are two types of conditional offer:- Endorsable - These are issued for the more serious motoring offences, which require an endorsement to be placed onto the offender’s driving licence. Non-Endorsable - These are issued for offences which are not considered severe enough, by the courts, to require a penalty point endorsement to be placed on the offender’s driving licence. Issue of a Conditional Offer by the Police Where a Constable:- 1. Has reason to believe that a person they find committing or has committed a fixed penalty offence, they may offer that person a Conditional Offer of Fixed Penalty. 2. In any case has reason to believe a fixed penalty offence has been committed they may send to the alleged offender a conditional offer notice. Example 1:- You hand a non-endorsable conditional offer to a driver you see not wearing a seat belt. Example 2:- The Camera Enforcement Unit send a letter of conditional offer to the driver of a car detected speeding. The Conditional offer may be issued via traditional ticket book or directly from the mobile device. Health and Safety HS If you are issuing a conditional offer, take into account pedestrian and vehicular traffic, road and weather conditions, visibility etc. The health and safety of everyone must be of prime importance. Issue of a Conditional Offer by the Procurator Fiscal When the Procurator Fiscal receives a report that:- a relevant offence has been committed, or 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers an offence of causing or permitting a vehicle to be used by another person in contravention of such an offence, or an offence of aiding, abetting, counselling, procuring or inciting such an offence, the Procurator Fiscal may send a conditional offer of fixed penalty to the alleged offender. Note:- Where a conditional offer is issued, the person issuing it must notify the fixed penalty clerk of its issue and terms. This is normally done by submission of the relevant triplicate part of the form. A conditional offer must:- 1. present enough details about the circumstances as are necessary to give reasonable information about the alleged offence; and 2. state the amount of fixed penalty for that offence; and 3. state that proceedings cannot be commenced until the end of the period of 28 days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer. 4. A conditional offer must indicate that if the following conditions are met, there will be no further proceedings:- the alleged offender pays the fixed penalty within the specified period; and where the conditional offer relates to an offence involving obligatory endorsement, fulfils the identification requirements; and the appropriate person accessing information held on the driver record of the alleged person is satisfied that the offence will not make them liable to disqualification Key Information KI A Conditional Offer of Fixed Penalty must be offered and accepted by the offender. If declined, a report should be submitted to the Procurator Fiscal. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Activity 1 A1 Your instructor will go through the content of an endorsable and non-endorsable conditional offer of fixed penalty ticket book so you can see the information required from the accused person. Who can receive a Conditional Offer? Non-Endorsable A non-endorsable conditional offer may be made to any person 16 years or over. Endorsable An endorsable conditional offer may only be made to a person:- who holds a DVLA driving licence and who is not liable to disqualification under the totting up procedure, or where it is not known whether they hold such a licence, or who when stopped does not have a licence in their possession, in which case it should be assumed that they are the holder of a DVLA driving licence. An endorsable conditional offer will not be made if a licence is produced or a PNC enquiry made which discloses nine or more current penalty points because the motorist may be liable to a totting up disqualification. Examination of Licence A PNC/DL check should be conducted on the driver to check for any penalty points on their licence. Should the driver not be eligible to receive a conditional offer due to the number of current penalty points on their licence, no conditional offer should be issued and the offender should be reported to the Procurator Fiscal. However, if there is doubt as to whether the offender is liable to disqualification as a result of the totting up procedure, a conditional offer may still be issued. 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Key Information KI Operationally when issuing a Conditional Offer of Fixed Penalty you must have a sound grasp of the processes involved and be able to respond to any questions an offender asks you. Feedback 1 F1 You will have been guided as to the content of each ticket and an example can be seen below. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers There are a number of practical issues, which should be borne in mind while issuing a conditional offer:- The same standards of proof will apply to conditional offers as for other offences. The evidence should be detailed on the conditional offer. Do not accept payment for the conditional offer from an offender, either at the location of the offence or while working in a police station public counter. Key Information KI When a conditional offer is not complied with and a report is submitted to the Procurator Fiscal, the copies of the conditional offer retained by the police will be produced in court. Therefore care must be taken when completing the offer. Where a conditional offer is issued the offender must also be cautioned and charged. In the case of offences in respect of which a warning of intended prosecution is required then this must be given whether or not a conditional offer is issued and the accused should also be cautioned and charged in the normal way. Multiple Offenders Where more than one person may have been responsible for the commission of a given offence, a conditional offer will not be issued by a Constable e.g. offences involving the causing, and permitting, of driving without insurance. However, contrast this with the powers of the Procurator Fiscal who CAN issue a conditional offer to a person who has aided, abetted, counselled, procured or incited such an offence. (See page 2.) Where separate offences are committed by two or more persons at the same time conditional offers may be issued to each accused e.g. two adults in the same vehicle, both failing to wear their seatbelts. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Multiple Offences Where fixed penalty offences and non-fixed penalty offences (including non-motoring offences) are detected together (e.g. Drink Driving and speeding) no conditional offer will be issued and a report will be submitted to the Procurator Fiscal in respect of all the offences. There may be occasions when you detect a fixed penalty offence, and you issue the driver with a HO/RT 1 form. In these circumstances you may give the driver a conditional offer, even though further offences come to light following production of documents. Should this happen you should not submit a report until after the time allowed for payment of the conditional offer has expired and you have been notified to that effect. In light of the above, if payment is made and where appropriate the licence is endorsed, the subsequent report must provide full details of the conditional offers which were issued and accepted. If no conditional offers are accepted or these conditions are not complied with, the report to the Procurator Fiscal must include all offences detected, specifying those in respect of which conditional offers were issued. Note:- The following table illustrates how many and what type of conditional offer can be issued to an accused. Number of Number of Non-Endosable Offences Endorsable Offences 0 1 2 3 4+ 0 CO CO CO R 1 CO CO R R R 2+ R R R R R CO – Conditional Offer R- Report 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Reports to the Procurator Fiscal Where you issue two or more conditional offers on one occasion to the same offender, and the driver does not accept them all, you should submit a report to the Procurator Fiscal in respect of the refused conditional offers. The report should also contain details of the offences conditional offers were issued for. The Lord Advocate's Guidelines The following is an abridged version of the guidelines, which should be followed by officers when issuing a conditional offer of fixed penalty ticket:- 1. Wherever possible there should be a presumption in favour of the issue of a conditional offer. 2. Where a motorist declines to participate in the Vehicle Defect Rectification Scheme, no conditional offer can be made. (The offender would merely be reported). 3. A non-endorsable conditional offer can be made to any person 16 years of age or over. An endorsable conditional offer should only be issued to holders of a UK driving licence. Conditional offers can be issued to those operating under a foreign driving licence given certain additional requirements are met – see ‘Conditional Offer of Fixed Penalty – National Guidance.’ 4. Endorsable conditional offers should not be made to persons who would be liable for disqualification under the ‘totting up’ procedure e.g. a person already holding 9 or more penalty points on their licence. 5. Conditional offers may be issued to large goods vehicles and passenger carrying vehicles, if appropriate. 6. Where relevant, the warning of intended prosecution should be given and the offender cautioned and charged in the usual way. 7. Where a crash has occurred, a conditional offer may be given if they meet the relevant criteria outlined in the Lord Advocate's 2013 guidelines. 8. For offences against Sections 172 and 143 of the Road Traffic Act 1988, and there are similar or previous convictions, or pending cases, no conditional offer should be issued and a full report submitted to the Procurator Fiscal outlining the circumstances. 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers 9. Where an offence has been committed by causing, or permitting, or aiding and abetting (such as driving without insurance) no conditional offer should be issued. 10. Conditional offers may also be issued to non-motor vehicle users in certain circumstances e.g. cyclists. 11. Conditional offers should not be issued to persons under the age of 16 e.g. persons 15 years of age who are not wearing seatbelts. Activity 2 A2 Have a look at the following questions and ascertain whether they are true or false. 1. There are two types of conditional offer. They are endorsable and non-endorsable. True False 2. A person receiving a conditional offer has one calendar month, from the date of the offence to make payment. True False 3. You cannot issue an endorsable conditional offer if the offender does not produce his driving licence. True False 4. You cannot issue an endorsable conditional offer if the offender produces his driving licence and they have 9 or more current penalty points. True False 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Vehicle Defect Rectification Scheme The main reason motorists are reported for construction and use offences is to encourage vehicle owners and drivers to maintain their vehicles in a roadworthy condition. The Vehicle Defect Rectification Scheme (commonly known as V.D.R.S.) provides motorists with an opportunity to avoid prosecution by having the defect rectified to an approved standard once evidence of such is supplied to the police. The scheme operates throughout Scotland and applies to motor cycles, motor cars and light vans only. The V.D.R.S. covers defects in terms of regulations prescribed by law in relation to the construction and use of vehicles and vehicle lighting. It is not intended to be used to deal with deliberate unlawful modifications to vehicles, e.g. fitting inappropriate exhaust systems, displaying registration plates in illegal fonts, etc. Participation in the scheme is voluntary; if the offender does not wish to comply then the offence report would be submitted in the usual manner. Procedure You should caution and charge the driver with the offence(s) detected. Explain the Vehicle Defect Rectification Scheme to the driver and give them the opportunity to comply. If the driver elects to participate in the scheme, you should complete the vehicle defect form. The completed top copy of the form is then handed to the driver. It should be fully explained to the driver that the defect should be rectified and the form presented at a Department of Transport Testing Station. The tester, if they are satisfied that the defect is rectified, will endorse the form. The driver will then return the form to the police within 21 days from the date of issue. After completing the road side procedure you should submit the second copy to the appropriate department. Providing the driver complies with the above procedure, or can produce proof within 21 days that the vehicle has been scrapped, no further action is taken regarding the offence(s). 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers If the driver does not comply within the 21 days, the second copy of the form is returned to you and you then submit an offence report in the usual manner. The copy of the V.D.R.S. becomes a "case related document". Here is a copy of a Vehicle Defect Rectification Scheme form. Some books contain both HORT1 and V.D.R.S. forms for easy completion. Where a motorist is given an opportunity to participate in the vehicle defect rectification scheme, but declines, no conditional offer will be made in respect of the defect concerned. A report should be submitted to Procurator Fiscal in the usual manner. 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Feedback 2 F2 1. True 2. False - The offender has 28 days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer. 3. False - If the offender does not have their driving licence in their possession, it should be assumed that they are the holder of a DVLA driving licence. 4. True Activity 3 A3 Scenario You are on mobile patrol along with a colleague when you are instructed to attend High Street, Brookbank, where a resident is complaining of cars sounding their horns in the street. It is early evening during the hours of daylight. You speak to the complainer who points to two cars parked further down the street. She says that the cars have been stationary there for about an hour, and every so often, the drivers of the vehicles sound their horns at passers-by. In small groups discuss what action you might take in particular with regards to any offences committed. Note down your ideas in the space below. 12 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Feedback 3 F3 The drivers are causing an offence because they are sounding their horns from stationary vehicles. Even though it is during the hours of daylight, there is no danger being caused by another moving vehicle (Regulation 99) issue a Non-Endorsable Conditional Offer. 13 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Appendix A Endorsable Offences Offence Penalty Learner driver unsupervised £100 + 3p/p Learner driver without L Plates £100 + 3p/p Learner driver on motorway (unsupervised) £100 + 3p/p Offence Penalty Leaving vehicle in dangerous position £100 + 3p/p Use of hand held mobile phone while driving £200 + 6p/p Use of hand held mobile phone while £200 + 6p/p supervising a learner driver Use of hand held device while driving £200 + 6p/p Use of hand held device while supervising a £200 + 6p/p learner driver Not in proper control of vehicle or have full £100 + 3p/p view ahead Offence Penalty Defective brakes £100 + 3p/p Defective steering £100 + 3p/p Tyre - cut in fabric £100 + 3p/p Tyre - grooves less than 1.6mm £100 + 3p/p Tyre - grooves less then 1mm £100 + 3p/p Offence Penalty Driving in excess of 30/40/50/60mph speed £100 + 3p/p limit 14 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Offence Penalty Driving in excess of 70mph speed limit £100 + 3p/p Making a U-turn £100 + 3p/p Driving in wrong direction £100 + 3p/p Stopping on roadway £100 + 3p/p Stopping/driving on verge £100 + 3p/p Stopping/driving on central reservation £100 + 3p/p Offence Penalty Not obeying red traffic light £100 + 3p/p Not obeying white lines £100 + 3p/p Not obeying stop sign £100 + 3p/p Not obeying no entry sign £100 + 3p/p Offence Penalty Drive a motor vehicle without any insurance £300 + 6p/p Fail to supply details of driver £200 + 6p/p Careless/Inconsiderate driving £100 + 3p/p 15 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Non-Endorsable Offences Offence Penalty Vehicle causing obstruction £50 Opening door dangerously £50 Reversing unreasonable distance £50 Offence Penalty No number plate £100 Registration mark (Size, shape or character/ £100 letter) Vehicle incorrectly registered - incorrect £50 details Offence Penalty No/insufficient mirrors £50 No windscreen wipers/washers £50 No/defective speedometer £50 No/badly maintained seatbelts £50 Dirty exhaust £50 Offence Penalty Left/right turn where prohibited £50 Not obeying bus lane or route £50 Not obeying one way traffic £50 16 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Offence Penalty Showing red light to front £50 Devices/headlights/fog lamps/reversing £50 lamps not maintained Warning beacon not fitted £50 Defective electrical connections £50 Offence Penalty Not stopping the engine £50 Sounding horn when stationary £50 Sounding horn at night £50 Offence Penalty Passengers in the caravan £50 Not wearing a seatbelt £100 Child in front/back seat without seatbelt £100 Child in front/back seat not properly £100 restrained Drive a motor vehicle without current test £100 certificate Note:- This is not a complete list but should give you an indication of the range of offences. 17 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Road Traffic Offenders Act 1988 http://www.crownoffice.gov.uk Review: You can explain what the terms “endorsable” and “non- endorsable” conditional offer mean You can state who may issue a conditional offer of fixed penalty and under what circumstances such an offer can be made You can complete a conditional offer of fixed penalty You can identify to whom “non-endorsable” and “endorsable” conditional offers can be made You can explain the practical considerations where a conditional offer is issued You can describe the procedure where multiple offenders/ offences are involved You can explain the Vehicle Defect Rectification Scheme 18 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 19 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 11 Conditional Offers 20 Road Policing OFFICIAL