THE PROSECUTOR FINE AND SOCIAL-CONTROL - THE INTRODUCTION OF THE FISCAL FINE TO SCOTLAND

The 'dispersal of discipline thesis' is tested against the introductio n to Scotland of the prosecutor fine, a diversionary mechanism used in several European jurisdictions. The prosecutor fine does not represen t the therapeutic type of measure around which the 'dispersal of disci pline thesis' is usually constructed. The growth of mundane monetary s anctions, including attempts at diversion through the use of fixed pen alties and prosecutor fines, has largely been ignored. In Scotland, th e introduction of the prosecutor fine has led to considerable 'net-wid ening' and the reasons for this are suggested. Nevertheless, rather th an providing evidence of the 'dispersal of discipline', the prosecutor fine appears to represent a move towards a more administrative-bureau cratic style of criminal justice.