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Conditional offer of a fiscal fine

PostPosted: Wed Jul 13, 2011 11:40 pm
by rebelwithoutaclue
I recived a conditional offer of a fine from my old friends at the PF.

I have recieved a report against you. It is alleged that you commited the following criminal offence(s)

(1) Local Government (Scotland) Act 1973 Section S201, 202 & 203 on 10th May 2011 at Cults street, Glasgow in that you did have in your possession an open container contaning alcoholic liquor.

I am satisfied that there is enough evidence to prosecute you in a criminal court. However, I have decided to give you the opportunity to pay a fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995.

If you accept this offer, I shall not prosecute you for the above offence(s).

The fiscal fine amount is £100. You may pay this in instalments.

If you wish to accept this offer, you must make payment within 28 days of this letter.

If you wish to be tried in a criminal court for the above offence(s), you may refuse this offer.

If you do not respond to this letter you will be treated as having accepted this offer and action will be taken to ensure that you pay the fine.

If you accept this offer or if you ar deemed to have accepted it, it shall not be a conviction and shall not be recorded as one. Any alleged victim may be notifiedof the disposal of the case against you.

The information will be recorded on the Scottish Criminal History System (SCHS) and will remain on the system either for 20 years or until you atain the age of 40 years. This will help inform future police or prosecution desisions if you offend again and it will be disclosed under enhanced disclosure' in terms of Part V of the police Act 1997 during this time.

If however you choose to be prosecuted in a criminal court and plead guily, or are found guilty, of an offence, this will be recorded as a criminal conviction. It will be a matter of public record and will be recorded on the Scottish Criminal History System (SCHS). Your convition:

* will be subject to the provisions of the Rehabilitation of Offenders Act 1947; and

*may be disclosed under "basic disclosure", "standard disclosure" or enhanced disclosure", as appropriate, in terms of part V of the Police Act 1997

What is the most successful way to deal with this? conditional offer of acceptance or should I accept and send them a promissary note?

or could I accept it, pay £5 then ignore it

any and all help appriciated

Re: Conditional offer of a fiscal fine

PostPosted: Thu Jul 14, 2011 10:57 am
by nayga73
I had one of these a couple of years ago after I was abused by some old bastard in Argos.Although the perpetrator was fined,i received one of these thru the post for a breach of the peace.What i did was to phone the PF in question and grilled her as to why I was sent this paperwork,for every answer she gave,I asked her to give proof and evidence to support her claims,she couldn't,so the last thing I said to her was,if she intended on proceeding with the matter,I would make sure she lost her law society pension.I have never heard anything from the PF since,and if my memory serves me correct,I think it's 2 or 3 years now since this happened.
Hope this helps you out :)


Re: Conditional offer of a fiscal fine

PostPosted: Thu Jul 14, 2011 12:55 pm
by Freeman Stephen
i got one of these. i replied to the pf telling them if it was worth prosecuting they should do so insread of soliciting me for a bribe. the court still issued an enforcement order on the basis i acceted the fiscal fine like i was some whipping boy despite my assertions to the contrary. i phoned the court told them that the assumption of my consent to a fiscal fine was false and declaredly so. they took note and told me to put it in writing. havent bothered yet, nor has there been any attempt to enforce the order. over six months now.

Re: Conditional offer of a fiscal fine

PostPosted: Thu Jul 14, 2011 2:57 pm
by rebelwithoutaclue
thanks guys :yes:

just phoned the procurator fuckscal like you did nayga73 and gues what, they couldnt give me proof and evidence to support their claims. told me that I either accept it or go to court. i think i'll put it in writing and see if it makes a difference

Re: Conditional offer of a fiscal fine

PostPosted: Fri Jul 15, 2011 6:07 pm
by nayga73
rebelwithoutaclue wrote:thanks guys :yes:

procurator fuckscal

Had me in stitches rebel!! thanks for that!!! :hug: