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Date: April 29, 2024 Mon
Time: 9:39 pm
Time: 9:39 pm
Results for public order offenses
2 results foundAuthor: Barbour, Bruce: NSW Ombudsman Title: Review of the Impact of Criminal Infringement Notices on Aboriginal Communities Summary: Criminal Infringement Notices (CINs) provide police with an easy, additional option for dealing with adults who are suspected of certain minor offences that are usually characterised as criminal in nature. After a five-year trial in which 9,452 CINs were issued, the scheme was extended beyond the 12 trial locations to the rest of NSW in late 2007. In the first full year of state-wide use, 8,681 CINs were issued – most for just three offences: offensive conduct, offensive language and shoplifting. By contrast, an estimated 17,000 offences can be dealt with by penalty notice in NSW. In 2008, police records show that more than 500,000 penalty notices were issued to suspects aged 18 years and over. This was in addition to 170,000 criminal charges. The State Debt Recovery Office (SDRO) is the agency responsible for collecting penalty notice payments and taking enforcement action against those who do not pay. The SDRO estimates that the 18,133 CINs issued between 1 September 2002 and 31 October 2008 represent just 0.1% of the 15 million penalty notices that it processed in that period. While CINs make up just a small portion of police and SDRO business, the consequences for individual CIN recipients can be significant. Delays in paying a $150 CIN penalty for swearing or $300 penalty for shoplifting will usually result in enforcement action, adding an extra $50 in costs to each penalty notice, plus another $40 for each time that enforcement action involves an RTA sanction. Penalties and costs can quickly accumulate. Recipients who elect to have their CIN heard at court risk incurring a criminal record, a harsher penalty, additional costs and the stresses associated with the prosecution process. To the extent that CINs can divert petty offenders who would otherwise have been arrested, charged and brought before the courts, there are clear diversionary benefits. Paying the fixed penalty in the time allowed finalises the matter, providing a sanction to punish one-off misdemeanours without the recipient incurring a criminal record. There are also savings for police, courts and others involved in the judicial process. At the same time, the scheme preserves the right for recipients to elect to have their CIN determined by a court. Yet there are also risks associated with the use of CINs. These include risks of net increases in sanctions, in that some offenders may be issued with CINs in circumstances where previously they would have been warned or cautioned, risks that recipients might not court-elect or request an internal review despite having strong grounds to do so, and risks that recipients may simply ignore the penalty notice and become entrenched in the fines enforcement system - thereby incurring further debts, RTA sanctions and an increased likelihood of becoming involved in secondary offending. Our review has found that these pitfalls are particularly acute for Aboriginal people, who are already over-represented in the criminal justice system. The number of CINs issued to Aboriginal people has grown significantly since the scheme was extended state-wide, with Aboriginal suspects now accounting for 7.4% of all CINs issued, much higher than would be expected for a group that makes up just over 2% of the total NSW population. We also found that Aboriginal people are less likely to request a review or elect to have the matter heard at court, and that nine out of every 10 Aboriginal people issued with a CIN failed to pay within the time allowed, resulting in much higher numbers of these recipients becoming entrenched in the fines enforcement system. The impact of CINs and CIN-related debts on Aboriginal communities must be considered in the context of broader fines processes. During this review, Parliament approved important changes to the Fines Act 1996 that aim to reduce the negative impacts of the fines system on marginalised sections of the community, including Aboriginal people. Details: Sydney: New South Wales Ombudsman, 2009. 159p. Source: Internet Resource: Accessed October 25, 2010 at: http://www.ombo.nsw.gov.au/publication/PDF/other%20reports/FR_CINs_ATSI_review_Aug09.pdf Year: 2009 Country: Australia URL: http://www.ombo.nsw.gov.au/publication/PDF/other%20reports/FR_CINs_ATSI_review_Aug09.pdf Shelf Number: 120074 Keywords: FinesIndigenous OffendersMisdemeanorsNuisance Behaviors and DisordersPublic Order OffensesShoplifting |
Author: Cheesman, Fred Title: Philadelphia Community Court Evaluation Final Report: Outcome/Impact Analysis and Update on Process Evaluation Summary: In the 1990s, the Center City District of Philadelphia began experiencing an increase in the number of what are generally termed “quality-of-life” crimes, such as vandalism, prostitution, disorderly conduct, and minor thefts. City and justice system officials recognized that because of jail and prison overcrowding, insufficient alternative sentencing options, and the need to focus limited resources on more serious crimes, quality-of-life crimes were a low priority for law enforcement and had become virtually decriminalized. This report presents the methodology and findings of the evaluation of the outcome and implementation of the Philadelphia Community Court (PCC), which was established to process “quality-of-life” crimes, such as vandalism, prostitution, disorderly conduct, and minor thefts. Details: Williamsburg, VA: National Center for State Coruts, 2010. 78p. Source: Internet Resource: Accessed December 1, 2012 at: http://dn2vfhykblonm.cloudfront.net/sites/default/files/philadelphia_community_court_final_report.pdf Year: 2010 Country: United States URL: http://dn2vfhykblonm.cloudfront.net/sites/default/files/philadelphia_community_court_final_report.pdf Shelf Number: 127089 Keywords: -Nuisance Behaviors and DisorderCommunitiy Courts (Philadelphia)Disorderly ConductProblem-Solving CourtsProstitutionPublic Order OffensesVandalism |