Dáil Éireann Debate, Thursday - 17 January 2013
147. Deputy Clare Daly asked the Minister for Justice and Equality the legislative basis for the writing off of fixed charge penalty notices; the type of fixed charge penalty notices that are permitted to be written off and by whom. [2103/13]
View answerFixed charge notices are an alternative to prosecution. They 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 that the evidence would not sustain a prosecution or that a prosecution would not be appropriate, fair or proportionate. Decisions on cancellations are governed by Garda policies and procedures, which are 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.
