Lesson 10.2 - Direct Measures

Question 1

Criteria for issuing an RPW

Answer 1

• 16 years of age or older (not subject to a compulsory supervision order)
• Minor in nature
• Sufficient evidence to report the offender
• The offender is suitable and able to understand the RPW
• The identity of the offender can be proved

Question 2

Where an RPW may not be issued to an offender

Answer 2

• The behaviour is severe enough to cause fear to individuals safety
• Conduct involving a major disturbance
• Conduct related to an aggravation
• The offence relates to a repeat victim
• There is significant harm, including the community
• Subject to bail
• Subject to of a supervision order or an ASBO
• They are to be charged with a more serious offence
• They have a previous conviction in court for an older charge in the previous 3 years
• Links to OCG’s

Question 3

Who is reported if one or more co-accused do not meet the criteria

Answer 3

All offenders

Question 4

What are the conditions when issuing an RPW to an offender aged 18 years or older

Answer 4

No more than 1 RPW within a 3 month period and no more that 3 RPWs in a 12 months period

An ASB FPN may be issued if possible

Question 5

What are the conditions when issuing an RPW to an offender younger aged 16/17 years

Answer 5

No more than 2 RPWs may be issued within a 3 month period, however a maximum of 4 RPWs may be issued within a 12 month period.
When they turn 18, their record wipes

Question 6

Section 129 of the ASB Etc. (Scotland) Act 2004 (1) FBN-Offences States that a constable who has reason to believe what, in order to issue an RPN

Answer 6

• That a person aged 16 years or over
• Has committed a Fixed Penalty Offence
• In a prescribed area (anywhere in scotland)

Question 7

When can the Police issue ASB FPN’s

Answer 7

• When someone has committed a ASB FPN offence and there is sufficient evidence
• The offence is minor and suitable
• The suspect in suitable, compliant and able to understand
• The offence involves no one below the age of 16 years
• The suspects age, identity and place of residence can be proved

Question 8

When may an ASB FPN not issued

Answer 8

• Persistent or alarming conduct
• Aggravations involved or motivated by hate
• Forms part of a pattern of harassment or intimidation
• Relates to domestic violence
• The offender has a recent analogous previous conviction
• The offender has recently been issued with an offer of a Fiscal Fine or Procurator Fiscal warning letter for a similar offence
• The offender has recently been issued with an ASB FPN for the same offence
• The offender is subject to bail
• An ASBO exists for the offender
• The offender has no verifiable address
• recent is within the last 6 months

Question 9

On issuing an ASB FPN, the enquiry officer will

Answer 9

• Caution and charge the offender
• State the full wording of the alleged offence
• Give details about the circumstances
• State the amount of the ASB FPN
• State the clerk of the court who, and the addresses at which, the ASB FPN may be paid
• Update the relevant systems
• Have the ticket checked over by a supervisor and have it stored