Written answers

Wednesday, 6 March 2013

Department of Justice and Equality

Road Traffic Offences

Photo of Joan CollinsJoan Collins (Dublin South Central, People Before Profit Alliance)
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To ask the Minister for Justice and Equality if he will report the number of fixed penalty charges imposed in each Garda division in each month between 1 January 2008 and 31 December 2012; the number of terminations of fixed penalty charges in each month; and if he will provide a breakdown of the reasons for such terminations. [11605/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Fixed charge notices are an alternative to prosecution, and give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. If the motorist does not pay the fixed charge, he or she will in the normal course be prosecuted for the alleged offence.

There can be circumstances where the fixed charge notice may be cancelled in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. Decisions on cancellations are governed by Garda policies and procedures, framed around legislative and prosecutorial guidelines issued by the DPP. Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.

The statistical information requested by the Deputy on the number of fixed penalty charges imposed and terminations in each Garda division for the 5 year period from 1/1/2008 to 31/12/2012 has been requested from the Garda Commissioner and, to the extent available in the format requested by the Deputy, will be forwarded to her as soon as possible.

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