What are Police Direct Measures for Adults?
Police direct measures for adults are issued by police officers to adult offenders (those aged 18 and over). Direct measures can be in the form of either a Recorded Police Warning (RPW) or an Antisocial Behaviour Fixed Penalty Notice (ASB FPN).
Direct measures provide police officers with an option to enforce the law for less serious offending in a manner that is proportionate, prompt and efficient. The Lord Advocate has issued specific guidelines on the use of direct measures. Direct measures must be issued within 28 days of the alleged offence taking place.
It is not mandatory for police officers to offer a police direct measure. Whilst police officers also have the discretion to issue a verbal warning and to take no further action, police officers also retain the ability to report offences to the Crown Office and Procurator Fiscal Service.
When a direct measure is issued, this information will be retained by Police Scotland for two years. It will not result in a record of a criminal conviction for the offender. You can read more about direct measures and how it will impact on individuals from the Scottish Government’s website.
Recorded Police Warnings and Antisocial Behaviour Fixed Penalty Notices
Recorded Police Warnings (RPWs) were introduced in January 2016. RPWs aim to address with lower, less serious offending at the closest point to the commission of the crime, which will result in either a non-court disposal or no further action being taken.
RPWs replace the Formal Adult Warning Scheme. They the police to complete a Standard Prosecution Report with information and evidence to help prosecutors marking the case to select the most appropriate disposal option. There are specific offences considered appropriate for an RPW which are set out in the Lord Advocate’s guidelines.
Antisocial Behaviour (ASB)Fixed Penalty Notices (FPNs) are on-the-spot fines which the police have the power to issue for lower, less serious offending. ASB FPNs are on-the-spot fines which the police have the power to issue for lower, less serious offending. FPNs were initially introduced under the Anti-Social Behaviour Scotland Act 2004, with the offences eligible for ASB FPNs noted in section 128 of the Act.
Lord Advocate’s Guidelines
The use of direct measures is governed by the Lord Advocate’s guidelines. Published in August 2024, the guidelines explain how police officers should implement direct measures.
The guidelines explain the factors that must be considered by police officers when considering direct measures. Officers are required to consider the impact of a police direct measure on the victim, particularly where that victim is a child.
In addition to specifying what cases are acceptable for officers to consider a direct measure, the guidelines also cover offences that would be inappropriate. These include offending where there is an allegation of a sexual offence, domestic abuse, or a hate crime.
Officers must also consider the offender themselves when determining the appropriateness of a police direct measure. This requires consideration of any criminal history of the offender or vulnerabilities of the offender that could attribute to repeat offending.
Oversight by the Scottish Police Authority
The Authority will host an online roundtable event with Police Scotland, representatives from the Crown Office and Procurator Fiscal’s Service (COPFS) and other stakeholders in Quarter 3 of 2024/25.
The aim of this event is to provide the public with a greater insight and understanding of how direct measures are used. This event will be publicised across social media, with the public invited to contribute questions to the stakeholders involved.