News - December 2005
What is happening?
The DTI is considering making changes to the way minor WT act offenses are dealt
with. This is presently at the consultation stage, which means that they are asking
for the views of interested parties before deciding whether to go ahead.
Planned enforcement action.
At the present time, most enforcement of Wireless Telegraphy Act laws is carried
out through warnings - either verbal or written. Where people refuse to heed
warnings, action is taken through the courts.
Under the Communication Act of 2003, the Department of Trade and Industry may use
fixed penalty notices as an alternative to court action. The plan is to bring these
into effect for some minor offenses involving transmitters.
Although this change is being considered by the DTI, who will set the penalty amount,
Ofcom will be responsible for handing out the penalties.
What is a fixed penalty notice?
A fixed penalty notice is rather like the fixed penalties handed out for minor
driving offenses such as speeding.
If an enforcement officer is satisfied that one of the fixed penalty offenses has
taken place, the penalty may be handed out without the need for court action. Payment
of the fixed penalty discharges the offence, leaving the offender certain that no
further action will be taken.
Should the recipient of the fixed penalty feel that it was wrongly issued, or simply
believe that a judge will let them off, they can still allow the case to go to
court.
What will the penalty be?
At the moment this is just a consultation, so the amount is not yet fixed. However,
the amount being considered is £100. As a court imposed fine is usually between
£100 and £200, plus court costs, the DTI consider a £100 penalty to be reasonable.
Want your day in court?
The proposed fine is £100, but a court would impose at least that plus court
costs. As the DTI always loved to boast of their 100% success rate, I would not
like your odds of coming out on top.
That being said, if I was wrongly accused, I would argue it.
Further information.
Further information about this consultation, along with the full documents,
can be obtained from the Department of Trade and Industry (DTI) Web site.