The prosecutor fine and social control: The introduction of the fiscal fine to Scotland

Peter Duff*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

13 Citations (Scopus)

Abstract

The 'dispersal of discipline thesis' is tested against the introduction to Scotland of the prosecutor fine, a diversionary mechanism used in several European jurisdictions. The prosecutor fine does not represent the therapeutic type of measure around which the 'dispersal of discipline thesis' is usually constructed. The growth of mundane monetary sanctions, including attempts at diversion through the use of fixed penalties and prosecutor fines, has largely been ignored. In Scotland, the introduction of the prosecutor fine has led to considerable 'net-widening' and the reasons for this are suggested. Nevertheless, rather than providing evidence of the 'dispersal of discipline', the prosecutor fine appears to represent a move towards a more administrative-bureaucratic style of criminal justice.

Original languageEnglish
Pages (from-to)481-503
Number of pages23
JournalBritish Journal of Criminology
Volume33
Issue number4
DOIs
Publication statusPublished - 1993

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