€200 on-the-spot fines to combat antisocial activity

Gardaí are to be given the power to issue on-the-spot fines of up to €200 before the end of the year to help combat antisocial…

Gardaí are to be given the power to issue on-the-spot fines of up to €200 before the end of the year to help combat antisocial activity.

The fines will apply to two categories of offence, disorderly conduct and intoxication in a public place.

After studying average fines handed out by the courts for such offences, Minister for Justice Michael McDowell is expected to announce shortly that penalties of between €100 and €200 will be issued for each offence.

The on-the-spot fines will be issued in a similar manner to speeding tickets and must be paid within 28 days. Failure to pay on time will result in prosecution.

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The fines form part of a broader offensive against loutish behaviour, including the introduction of Anti Social Behaviour Orders (Asbos).

Under this system gardaí would be able to apply to the courts by way of civil procedure for an anti-social behaviour order which would prohibit a person from behaving in an offending way.

Fine Gael and Labour, which are keen to regain votes in urban areas where Sinn Féin has been making significant inroads, have been quick to throw their weight behind the introduction of Asbos. Both parties launched their own policy proposals on the issue in recent days.

The measures are contained in the Criminal Justice Bill, due to be enacted before the summer. Provision for on-the-spot fines will be made in regulations to be signed into law by Mr McDowell before the end of the year, according to senior Government sources.

The move towards political consensus among major political parties for Asbos has prompted concern from groups such as the Children's Rights Alliance and the National Youth Federation who warn that the measures will "criminalise the poor".

Diarmuid Kearney, of the National Youth Federation, said Asbos were an "extreme" measure which would have human rights implications for the entire community. Mr McDowell has defended the planned system. He says Asbos will be civil orders and the question of an offence will only arise if a person wilfully defies an order and continues to engage in antisocial behaviour.

The on-the-spot penalties, meanwhile, are also aimed at saving Garda time and resources. The fines are being set at a level below what the courts are handing out to act as an incentive for people to pay the penalty rather than enter into court proceedings. This court option, however, will still be open to anyone issued with an on-the-spot fine.

Gardaí may issue fines immediately or by post, and the fines must state when and where the alleged offence was committed. It is the first time gardaí have been authorised to issue immediate fines for such public order offences.

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent