Let’s have penalty points for anti-social behaviour
There has been plenty of media coverage in the past week regarding drink-fuelled anti-social behaviour — ranging from drunken revelry to rioting to serious assault, all suggesting the graph is still rising.
There’s growing frustration among the majority of peaceful citizens that the minority can apparently engage in persistent anti-social behaviour and petty crime without fear of falling foul of the justice system.
The system seems incapable of dealing with many such offences which individually may be relatively minor, but which can make life intolerable for others and which may also lead the perpetrators to become more and more out of control, leading ultimately to more serious offences.
It’s understandable the gardaí are reluctant to take legal action in most cases of anti-social behaviour.
Scarce garda resources would be tied up in paperwork and court appearances, the court system would be jammed up, while the perpetrators generally would walk away with a slap on the wrist.
Young offenders are well aware of the limits and the slim possibility that they’ll receive a custodial sentence and, indeed, the age limits which apply to such sentences. However, we already have a penalty points system applied to a different area of the legal code which might provide a template for a revised approach to anti-social behaviour and petty crime.
This system targets drivers for offences which, individually, would not merit disqualification from driving.
However, persistent offenders risk accumulating sufficient points within a three-year period which will ultimately lead to disqualification from driving.
In addition, fines are levied each time such points are awarded.
It is possible to appeal the imposition of points for an offence, but unsuccessful cases trigger a doubling of the penalties essentially to deter people from wasting garda and court time. A further financial penalty is likely to be incurred as annual motor insurance will probably prove more expensive, even though the offender hasn’t yet reached the disqualification points level.
It should be possible to create a schedule of appropriate public order offences each with a standard tariff, both financial and penalty point, which could be applied as a spot fine.
Offenders would accumulate points for each offence and, on reaching a predetermined level, would face a custodial sentence or other appropriate punitive measure. Points would lapse after a three or four-year period. Unpaid fines would be deducted from any social welfare payments made to the offender or his/her family if no direct payment was being made to the offender.
The main benefits of such a scheme would be:
* Gardaí could take immediate action, imposing fines and penalty points without having to jam up the courts.
* The cumulative effect of points would make any public order offence potentially one that could result in a custodial sentence for persistent offenders.
* The carrying forward of points over a number of years would create a mechanism for dealing with more juvenile offenders who currently know they are too young to face a custodial sentence.
4. Imposing unpaid fines on family welfare incomes, hopefully, would concentrate parents on taking more responsibility for the actions of their dependent children.
Such a scheme should be accompanied by other measures to provide alternative, more productive outlets for young people.
Peter Molloy
9 Haddington Park
Glenageary
Co Dublin
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