New approach to justice has landed us in a fine mess

It has an almost hackneyed ring to it now but “tough on crime, tough on the causes of crime” was one of the slogans that catapulted Labour to power in 1997.

Voters were attracted to it in their millions because, put simply, people want their politicians to say how they will catch and then punish the bad guys.

With record-low crime rates across Scotland it is clear the catching, or at least the preventing, part of this mantra is not an issue for SNP ministers.

However, new figures obtained by The Sunday Post add to growing fears that the punishment element of our justice system is where the current administration seems to be losing its way.

Scottish Court Service figures show that 619 warning letters for the non-payment of fines were issued every working day last year.

The haul 154,804 is nearly double the number of warning letters issued in 2009/10.

The biggest hike was for letters about non-payment of the controversial fiscal fines, which allow criminals to dodge court for offences such as assault, vandalism and indecency.

A total of 62,352 fiscal fines warning letters were issued last year up by 10,000 from 2011/12 and more than twice the number issued four years ago.

The guidelines, which Scotland’s hardy band of 26 fines enforcement officers follow, state that not more than one warning letter per offender should be issued before escalating the issue.

But it is understood that in reality many criminals are getting several letters from the over-stretched enforcement officers.

The SCS figures bear this anecdotal evidence out when you consider a total of 547,996 warning letters for non-payment of fines were issued between 2009/10 and 2012/13.

Labour MSP Duncan McNeil said: “This is a slap in the face for the victims of crime.

“If people are to have confidence in the justice system then they need to know that criminals are actually being punished.

“It is a huge leap in the number of warning letters and shows that people are just ignoring them but also that the overstretched justice system has little choice but to just keep sending these letters out knowing full well they will not be just chucked in the bin.

“It is time for the SNP government to get a grip of this.”

The Sunday Post has carried a number of reports about the faltering court fine system in recent months. Thousands who received court or police anti-social behaviour fines are simply failing to pay, leaving £18.5 million in outstanding penalties over the last three years alone.

The decision to deal with more criminals through fines was originally designed to ease the pressure on the country’s near-capacity prisons. SNP ministers hit back at criticism that it was a “soft touch” move by claiming it was a more sensible use of court and prison time.

But whichever way you slice the figures on unpaid court fines, a growing number of criminals are playing the system knowing only too well they will go unpunished.

It is an issue that’s bubbling away under the radar for most of the public and victims, many of whom will be unaware that their attacker is refusing to pay their fine.

But if criminals go unpunished then it introduces a corrosive effect on public confidence in the justice system. There are modest improvements on the way, improved links to the Department for Work and

Pensions will make it easier for the SCS just to deduct the money owed straight from offenders’ benefits.

But changes are still needed within the court system itself.

Scotland has more than 5,000 criminals who have five or more fines outstanding, including one individual who has failed to pay off 57 fines racked up in the space of five years. But despite the backlog, sheriffs are not told, unless they

specifically ask, if an offender’s previous fines have actually been paid.

A Scottish Government spokeswoman said: “Since the Scottish Court Service took over responsibility in 2008, overall fines collection rates have improved considerably and are now at consistently high levels. Their robust approach to pursuing all outstanding fines gives a clear message to defaulters that there is no place to hide.

“An increase in warning letters is part of a more aggressive collection strategy. The full range of enforcement actions includes benefit deductions, freezing bank accounts, arresting wages and seizing cars.”