IT'S TIME TO GET TOUGH

ALMOST half of those convicted of breaching alcohol bye-laws in Banbridge in the past year have walked away from court without being fined.

The figures were released to the Leader amid criticism from local councillors that courts are being too lenient with people who either plead guilty or are found guilty of breaking council bye-laws.

Of 29 people convicted for such offences since October last year, only 14 have been ordered to pay a fine - usually ranging from as little as 20 to around 150.

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However, in most cases the offenders were ordered to pay legal costs in the region of 100 - fines are only imposed as a matter of judicial discretion.

Five specific cases heard on September 6 resulted in no fines being imposed.

Four of the cases involved the offenders drinking in Church Square and Kenlis Street in Banbridge, and Linen House car park and Dunbarton Street in Gilford.

underage

The other case saw a shop pay 122 in costs after selling tobacco to an underage customer, but no fine was imposed.

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Councillor Joan Baird, a member of the Environmental Services Committee, expressed her disappointment at the apparent leniency on the part of the judiciary.

"I am very concerned at the number of cases that have been brought to the attention of Banbridge Council which have already been at court and then we find that no-one has been fined," said Mrs Baird. "We are continually being told by the public about underage drinking and the general issue of drinking alcohol in public but then it is difficult to understand why there is nothing done when people are caught."

The council has registered its "disappointment" at the outcome of these recent cases.

When contacted by the Leader a spokeswoman for the Lord Chief Justice's Office said each case would need to be examined separately to explain the reason for not imposing a fine.

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"It is likely that the maximum sentence that can be imposed for breaching the alcohol bye-laws is a fine and in some instances, for example in the case of a youth, a council may consider that confiscation or a diversionary disposal may be appropriate," said the spokeswoman.

"Defendants are also, by law, entitled to a reduction in sentence if they plead guilty. Each case will be different and it is therefore not appropriate to compare the sentences imposed without looking in more detail at the circumstances of each.

"This is difficult in the magistrates' courts where the proceedings are not recorded and the case record may only show the charge sheet, the defendant's criminal record (if any) and the outcome of the case."

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