united-kingdom is-x-legal
Can I issue my own &#39;fines&#39;
<p>Can a private individual collect his own 'fines' (or demand compensation) if he has evidence of wrongdoing, or does he have to pass that evidence to the authorities?</p>
<p>Scenario 1 - Lets say I own a small shop and I have clear, irrefutable video evidence of someone shoplifting. Lets pretend I know the shoplifter and I say to him 'pay me for the item, and pay me compensation or I give the video to the police' Maybe the shoplifter is just a 'good kid making a mistake' in which case he (or his parents) might welcome the chance to settle the matter privately without a police record to sully his character. Alternatively the shoplifter might be an incorrigible crook who knows he'll only get a slap on wrist and another line added to the bottom of a long criminal record.</p>
<p>On the one hand this is just a shopkeeper looking for just compensation, but on the other hand could this be seen as blackmail or demanding money with menaces?</p>
<p>Scenario 2 - Lets say I live in house next to a busy road with a 30mph speed limit. Let's pretend I'm kept awake all night by drivers speeding past at 60mph. I decide to install a speed camera (for the sake argument, lets assume it's the same type used by the police, professionally calibrated and installed on my own land). What would the legal position be if I wrote to the speeding drivers saying &quot;compensate me for keeping me awake, or I pass my evidence of your offence to the police&quot;</p>
<p>On the one hand these scenarios could be seen as a victim demanding compensation - but on the other hand it might be seen as blackmail, &quot;give me money, or I give my evidence to the police&quot;. In both cases there is legitimate evidence of an offence, and in both cases the other person has a simple take-it-or-leave it choice. For many drivers a modest demand for private compensation might be preferable to points/large fine/banning/increased insurance costs etc etc.</p>
<p>How would the law look on these situations?</p>
<ol>
<li>honest victim legitimately asking for compensation? or</li>
<li>smart crook blackmailing other crooks?</li>
</ol>

<p>An individual has no authority or legal basis to demand a personal &quot;fine&quot; for a perceived offense. The actions in the two scenarios would both be blackmail. although whether they would be prosecuted is quite another question.</p>
<p>It would be reasonable for the shopkeeper to demand compensation for the lost merchandise. The offender (or the offender's parents) might offer to pay, either because they thought it the right thing, or in hopes to induce the shopkeeper not to call in the police. But if they specifically made &quot;no police&quot; a condition of payment, that would be bribery or attempted bribery.</p>
<p>The resident in scenario 2 could demand compensation for an alleged civil wrong of excessive noise, whether or not the passer-by was speeding. ote that the amount of noise made would not be directly related to the speed of any driver (although no doubt there would be <strong>some</strong> relation) and no one driver would be responsible for keeping the resident up.</p>
<p>I doubt that a civil suit, if pressed that far, would prevail, although it would depend on the factual details. The specific law of the local jurisdiction would also matter.</p>
<p>But the moment there is a threat to bring evidence of a possible crime to the police, and a request for money instead, that is blackmail.</p>

<p>A way that companies give &quot;fines&quot; is by specifying a high charge, that is reduced to something reasonable if payment is prompt.  So a car park operator may have a sign which states &quot;Parking £100, unless you park within the lines, and 'pay and display', in which case the price is reduced to £1.&quot; A person who doesn't 'pay and display' then gets a demand for the full £100 in the post - probably along with threats of court action.</p>
<p>It looks like a fine of £100 that is charged for non-payment of the parking charge of £1. But it is couched in terms of a charge of £100 that is reduced.</p>
<p>Penalty fares on public transport work the same way.  There is a nominal large fee that can be avoided by purchasing a ticket.  However if the ticket inspector finds that you haven't bought a ticket, they can insist on the payment of the penalty fare, which is normally excessive.</p>
<p>That can't apply to your scenarios, as these involve crimes - There is no agreement that you have entered into with the shoplifter or the drivers to allow them to steal or speed in exchange for a large fee. And the threat &quot;pay or it goes to the police&quot; is blackmail.</p>
