South and East Belfast Sinn Féin -- Building an Ireland of Equals

Rights must be protected in 'alternatives to prosecution'- Parker

Published: 15 October, 2009

Balmoral Sinn Féin representative and Vice-Charirperson of the South Belfast DPP Vincent Parker has said that he believes human rights must not be undermined through the application of any alternative to the prosecution programme.

Vincent Parker was speaking after the publication of guidelines giving the PSNI new powers to hand out on the spot fines or fixed penalty notices in relation to certain 'low-level' crimes such as anti-social behaviour. The PSNI will also have the power to recommend whether cases should proceed to court in a number of summary offences depending on the prospect of conviction.

Penalty Notices for Disorder (PNDs) are designed to deal with a specified range of 25 low level public disorder offences. Such notices can be used on children from 10 years of age and adult offenders - they do not require an admission of guilt and acceptance does not result in a criminal conviction.

Vincent Parker said,

"A safe society is one which incorporates the protection of everyone's rights. Sinn Féin is supportive of diversionary options for low-level and non-violent offences. However, we have some concerns about the expanded use of Fixed Penalty Notices.

"Alternatives to prosecution must always comply fully with human rights standards and statutory equality obligations. They should not be misused as a way to short-circuit due process."

In relation to the use of fixed penalty notices Vincent Parker added,

"There are concerns that the use fixed penalty notices for public order offences not only expands police powers without due process but also discriminates against disadvantaged offenders, who are less likely to be unable to pay a fine and therefore more likely to face prosecution or imprisonment for default.

"We have specific concerns about accountability and the potential for excessive or discriminatory use of such powers.

"Sinn Féin favours the conditional caution approach over the fixed penalty approach to diversion primarily because it lends itself to a greater involvement in the restorative justice approach which we have long advocated and supported." CRÍOCH