The Magistrates’ Association has criticised [pdf] the Government’s [read ACPO] proposals for new police powers to issue Fixed Penalty Notices for careless driving as opposed to sending the matter to court. Fixed Penalty Notices can still be challenged in court however many people will be reluctant to do so. There are further discussions elsewhere.
Of interest to this blog is the language used by the Magistrates’ Association. It is highly critical of the police who have lobbied for this power and accuses the police of wishing to be judge, jury and executioner:
Police officers may have seen the incident themselves, in which case they will be
acting as witness, prosecutor, judge and jury, deciding on guilt and then sentencing the offence.
They go on to accuse the police of wishing to usurp the powers of the judiciary:
This is a proposal that places the convenience of the police above what is right in principle, may coerce innocent drivers into accepting a fixed penalty, and is certain generally to downgrade careless driving in terms of offence seriousness.
They go on to accuse the police of misusing the law:
Regrettably, recent experience with out-of-court disposals shows that the police cannot be relied on to use them appropriately or as intended. Once they have been given these powers, police will misuse them, that is a certainty, and careless driving will generally be treated as a minor offence, unless serious injury is involved. [emphasis in original]
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