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FX Photo Studio Pro
New version and incredible price.
FX Photo Studio Pro is the creative powerhouse for everyone who likes to take pictures. Take your photography to the next level with over 170 creative filters and photo effects, stylish photo borders, fast RAW support, powerful editing tools, selective editing and much more.
You get a lot of power and great features for an incredible price.
- Mind-blowing variety of over 170 photo effects & filters
- Dozens of photo frames and borders from classic to lomo style
- PRO image editing tools and color controls
- Masking with effects and Color splash tool
- Integration with Aperture, Lightroom, iPhoto, Photoshop
- Intuitive user interface
- Sharing via most popular social networks and more
Combine and layer any of the 173 effects and 40 photo borders to create the perfect looking image. A completely customisable interface allows you to preview each effect, compare original and resulting images, label favourites and even save combinations of effects as presets.
You can apply as many filters to one image as you like, save mixes of effects to presets and even share these presets with other photographers around. The new masking and color splash tools allow you to apply effects and colors to a part of the image only, giving even more creative freedom to your photography. Effects include: Lo-Fi, Grunge, Art, Vintage, Vignettes, Sketches, Hollywood FX, Cross Process, Glow, Black & White and more.
With a set of professional editing tools you can improve and enhance your pictures even further. Customise exposure, brightness, saturation, contrast, temperature and hues; sharpen image; adjust shadows, highlights and more. FX Photo Studio PRO supports image resolution up to 40 megapixels and variety of photo formats, including RAW
Created by usability and photography professionals, FX Photo Studio's user interface ensures that editing your photos can't get any easier. The elegantly simple design provides easy access to every tool you'll need, without cluttering your screen and allowing you to focus on your image.
• Import pictures from Aperture or iPhoto library
• Load images from any folder on your Mac or digital camera
• Export images in a variety of formats to iPhoto, Lightroom, Aperture, Photoshop
FX Photo Studio PRO also lets you print images instantly, e-mail or share via most popular social networks: Facebook, Tumblr, Flickr, and Twitter.
What's new
Speed and performance improvements.
We have dramatically enhanced the overall speed of the app, especially on the latest models of Macbooks and iMacs. We've also improved the image processing speed, making FX Photo Studio Pro the fastest photo effects app, available on Mac OS today.
The new Macphun App Centre.
We heard you and made it easy to transfer images from FX Photo Studio Pro to other photo editors by Macphun. Now you can apply awesome filters in FX Photo Studio Pro, click the red M in the top left corner and turn the App Centre on. Then pick the Macphun app you have and instantly move your image to it without any quality loss. Macphun app center launch button is currently available in Snapheal, FX Photo Studio and Snapselect (support for Tonality, Intensify, Focus and ColorStrokes) is coming soon.
Mac OS compatibility updates and improvements.
This includes minor bug fixes with the latest OS X, support for the notification center, improved social sharing, Retina UI fixes, fixes issues with external displays, improved performance of localized versions and other improvements.
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- Last changed:
- Mar 18, 2015
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- Photography
- Developer:
- MacPhun LLC
- Version:
- 3.0
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- Current Version Average Rating:
- 4.50 (14)
- All Versions Average Rating:
- 4.00 (434)
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• FX Photo Studio
• FX Photo Studio - photo editor, filters, effects, camera plus frames for your great pictures
• FX Photo Studio HD
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It may seem strange to start this list with rest, but if you don't get this element of your swim training right then you will not make any progress. Whilst you don't want the whole of your program to consist of rest, it's essential to listen to your body and take time off regularly.
For more swimming and active living tips check out realbuzz.com .
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I live in Austin, and the Bluebonnets lare already in bloom. They didn't bloom last year because of the lack of rain, and this year I'm thinkiing they're early since it's been a mild winter w/lots of rain. I've only been here almost 4years, and don't ever remember them blooming so early, or is it?
I think its right on time.
Could be a tad early but nothing unheard of.
I've been in TX my whole life and in DFW area since 1980.
We had bluebonnets last spring, and plenty of moisture in the preceding fall, last winter and spring up until about mid June.
They start blooming usually around spring break, which started last week. We drove home last Saturday, and they were just starting to bloom. I bet this weeks drive will be beautiful. I did notice something strange. In some areas the fields had bluebonnets growing low, then tall white flowers also covered the fields. It looked like fields of white from a distance. Barbra


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Eye Area is a simplistic water-and silicone-based moisturizer for slightly dry skin around the eyes or elsewhere. The lactic acid and various fruit acids don't function as exfoliants (due to pH and concentration issues), but do serve as skin-identical ingredients. On balance, there's nothing special or unique about this product for the eye area.
In fact, most eye creams aren't necessary. That's either because they are poorly formulated, contain nothing special for the eye area, or come in packaging that won't keep key ingredients stable. Just because the product is labeled as an eye cream doesn't mean it's good for your eye area; in fact, many can actually make matters worse.
There is much you can do to improve signs of aging around your eyes. Any product loaded with antioxidants, skin-repairing ingredients, skin-lightening ingredients, anti-inflammatory ingredients, and effective emollients will work wonders and those ingredients don't have to come from a product labeled as an eye cream.
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Whatever product you put around your eye area, regardless of what it is labeled, must be well formulated and appropriate for the skin type around your eyes! That may mean you need an eye cream, but you may also do just as well applying your regular facial moisturizer around your eyes.
A smoothing eye creme formulated with Alphablend - our exclusive complex of exfoliating acids.
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Bioelements At-A-Glance
Strengths: Nothing of note beyond an elegantly formulated eye cream and one benzoyl peroxide product.
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Bioelements is a spa-and-salon sold skin-care line that was founded in 1991 by makeup artist turned aesthetician, Barbara Salomone. An interview with Salomone in the January/February 2006 issue of Renew magazine had statements from her indicating that aestheticians will soon be recognized as true skin-care professionals and her advice to newcomers is to get as much education as you can. To that end, Bioelements has seven education centers across the United States. However, if they're teaching established and upcoming aestheticians about Bioelements products, we are worried. Few spa lines subject skin to the irritating ingredients dispersed through well over half of the products this line offers. If that isn't bad enough, Bioelements ignores some fundamental aspects of skin care. That means no well-formulated AHA or BHA products (it's not a good formula if it subjects skin to needless irritation), and sunscreens rated below the standard SPF 15 recommendation (sun protection products are vastly outnumbered in this line by moisturizers and serums), not to mention the need to keep light- and air-sensitive ingredients, such as retinol, stable.
Company literature states that at Bioelements "We mean what we say. No gimmicks, no hype, and no false promises. We're professional skin care experts dedicated to keeping skin clean, clear, calm, and younger-looking." That sounds great but barely a word of it is true. This line definitely has its share of hype and false promises, from claiming that probiotics are a youth elixir, to regular references to what the line refers to as "Bioelements Adaptogens" and aromatherapist oils.
For more information about Bioelements, call 800.433.6650 or visit www.bioelements.com.
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Alternatives to Prosecution repaP noissucsiD A March 2008 CONTENTS Foreword 3 Section 1: Consultation arrangements 5 Section 2: Existing alternatives to prosecution in Northern Ireland 8 Statutory Youth Conferencing 9 Community-based Restorative Justice 11 Restorative Adult Conferencing 12 Fixed Penalties 13 Informed Warnings/Adult Cautions/Restorative Cautions 15 Section 3: Alternatives to prosecution in other UK jurisdictions: 17 (and the impact of introduction in Northern Ireland) Penalty Notices for Disorder 17 Conditional Cautioning 23 Direct Measures 26 Section 4: Wider issues raised by potential alternative measures: 29 Recorded Crime Levels 29 Public Perceptions 29 Human Rights and Equality Implications 30 Section 5: Questions & Next Steps: 31 Consultation Questions 31 Next Steps 32 Page 2 FOREWORD Much of the public debate about delivering an effective criminal justice system is focused, quite rightly, on the high level strategic objectives of enhancing public protection, strengthening sentencing options, reducing delay, tackling re- offending and supporting victims and witnesses. These have been my highest priorities and indeed in the past year I have taken forward a programme which is set to deliver significant improvements in the way we deliver on all of these responsibilities. A truly effective criminal justice system, however, is also one which delivers a proportionate response to those who break the law. Both imprisonment and non- custodial disposals provide options for dealing with offenders on the basis of the seriousness of their offence and the risk which they pose to the public. At the other end of the spectrum are a range of relatively minor offences - committed by persons unlikely to habitually re-offend - where traditional prosecution through the courts may not always be the most effective way of delivering a proportionate justice outcome. Receiving a criminal record for a minor offence can have a significant long term impact on employment prospects and on the ability of such individuals to pass through a short-lived phase of offending to go on to lead law- abiding lives. That does not mean that low level offending should be ignored. What is important is that there is the opportunity for the offence to be acknowledged and, where appropriate, the harm caused to victims to be repaired and the root cause of the offending behaviour tackled in a more meaningful way. Of course the concept of diversion is not new in Northern Ireland. We already operate statutory youth conferencing which has diverted young offenders from traditional prosecution and offers case conference disposals based on confronting and changing their offending behaviour. The Youth Conference Service is internationally recognised as an example of best practice in youth justice. What we have not done, as yet, is look at other broader diversionary measures which might provide a proportionate response to minor offences committed by a wider range of offenders and, in appropriate cases, potentially offer better prospects of rehabilitation than conventional criminal justice system sanctions. I believe that the time is now right to begin that discussion and this paper represents the beginning of that process. We have researched a range of alternatives to prosecution which already operate in England & Wales and Scotland. These include measures relating to: the issue of fines by police; prosecutorial fines; and diversionary cautioning arrangements which can incorporate elements of a punitive fine, as well as rehabilitation and reparation. This paper sets out the measures taken in Great Britain and the issues which their implementation raised for those jurisdictions and seeks views on whether Northern Ireland might benefit from developing similar approaches. Alternative approaches to prosecution could potentially offer benefits for the criminal justice system as a whole. It can readily be argued that for less serious offending, the process of criminal prosecution does not always represent an efficient or proportionate use of police, prosecutorial or court resources. Some of the measures outlined in the paper indicate clearly where efficiencies have been Page 3 realised in other jurisdictions. An obvious area is in the reduction in administration which would allow police manpower to be redeployed to provide an even more effective community policing presence. Acceptance of an alternative disposal would also reduce the number of contested cases coming before the courts enabling more effective use to be made of prosecutorial and court resources. But finding more effective ways to use finite resources, whilst welcome, is not our primary driver. In developing a criminal justice system which is fit for the 21st century it is vital that we look at how we deal with offending at all levels to ensure that our response is both effective and proportionate. We have already been engaged in radically overhauling the sentencing framework to ensure that it better meets our needs to deal robustly with sexual and violent offenders who pose a risk of harm to the public. It is right that we should also examine whether alternatives to prosecution would provide a more appropriate response to certain low level offences at the other end of the offending spectrum. Your views on the issues raised in this paper would be very welcome and will help inform how we take policy forward in Northern Ireland. PAUL GOGGINS Minister of State Page 4 SECTION 1: CONSULTATION ARRANGEMENTS Purpose of the consultation 1.1 This discussion paper sets out a number of potential alternatives to traditional prosecution through the courts, for low level criminal offences committed by persons with little or no previous offending record. It outlines existing practices in Northern Ireland which already adopt this ethos and examines examples of alternative approaches taken elsewhere in the UK. 1.2 The key features of each of the alternative measures are described and the paper captures some of the operational experience in implementing them and the lessons learned in developing best practice. The paper also outlines a number of potential benefits for offenders, victims and the criminal justice system in adopting such an approach in Northern Ireland and identifies issues which would need to be addressed if any, or all of these, measures were considered for adoption in Northern Ireland. Consultation Responses 1.3 The paper is being issued for public consultation because we would welcome the views of key stakeholders and any other interested parties before a definitive policy position on the issue of alternatives to prosecution is developed. Views are specifically sought on the range of specific questions posed but would also be widely welcomed on any aspect of the matters raised in the paper. Comments should be sent to: Alternatives to Prosecution Consultation, Criminal Justice Policy Unit Northern Ireland Office Massey House Stoney Road BELFAST BT4 3SX Page 5 Telephone: 02890 527299 Fax: 02890 527507 Text phone: 02890 527668 E-mail: email@example.com 1.4 If you have any queries or concerns about the way in which the consultation process has been handled you may raise these with the NIO Consultation Co-ordinator at the following address: Donna Knowles Equality Branch Central Management Unit Northern Ireland Office Room 14 Stormont House Annexe Stormont Estate Belfast BT4 3SH E-mail: firstname.lastname@example.com Telephone 02890 527015 Text phone: 02890 527668 Alternative Formats 1.5 An electronic version of this document is available to view and download from the NIO website (www.nio.gov.uk). Hard copies will be posted on request. The text phone contact details are provided above. Copies in other formats, including Braille, large print, computer disk etc may be made available on request. If it would assist you to access the document in an alternate format or a language other than English please let us know and we will do our best to assist you. Confidentiality of Responses 1.6 The NIO will publish a summary of responses following the completion of the consultation process. Unless individual respondents specifically indicate that they wish their response to be treated in confidence, their name and the Page 6 nature of their response may be included in any published summary of responses. Respondents should also be aware that the NIO's obligations under the Freedom of Information Act may require that any responses, not subject to specific exemptions in the Act, may be disclosed to other parties on request. 1.7 The closing date for receipt of responses is 30 May 2008. Page 7 SECTION 2: EXISTING ALTERNATIVES TO PROSECUTION IN NORTHERN IRELAND 2.1 This section sets out existing diversionary models in Northern Ireland to enable the series of measures for 'alternatives to prosecution' implemented in the rest of the United Kingdom (identified in section 3) to be considered in context. Introduction 2.2 Some of the key elements of existing diversionary practice were strongly influenced by the last major review of the Criminal Justice System in Northern Ireland1 which reported in 2000. The Criminal Justice Review Team brought a breadth of policy, legal, judicial and academic experience to bear on its work, commissioning research reports and drawing on national and international experience in fulfilling its remit to conduct a wide ranging review which met the aims of the Belfast Agreement to: • deliver a fair and impartial system of justice to the community; • be responsive to the community's concerns and encourage community involvement (where appropriate); • have the confidence of all parts of the community; and • deliver justice efficiently and effectively. 2.3 The Review Team received views from a wide cross-section of opinion in Northern Ireland from individuals and organisations in the statutory, voluntary and community sectors. The chapter in their report dealing with restorative justice indicated broad support for measures which would: divert suitable cases from prosecution (particularly young and first time offenders); include measures to address underlying offending behaviour; and promote restorative justice interventions involving the victim and the community. 1 Review of the Criminal Justice System in Northern Ireland (2000) Link: http://www.nio.gov.uk/review_of_the_criminal_justice_system_in_northern_ireland.pdf Page 8 RESTORATIVE JUSTICE 2.4 In the main, approaches involving Restorative Justice focus on crime as an act against an individual or community rather than the state. Restorative justice typically brings victims and offenders together to decide on the most appropriate response to the harm caused by the offence with the victim playing a major role in the process and often receiving some form of restitution from the offender. 2.5 The Review of the Criminal Justice System in Northern Ireland identified two particular types of diversionary restorative approach – statutory youth conferencing and community-based restorative justice - which it believed would have a beneficial role to play in managing juvenile or low level offending. Statutory Youth Conferencing 2.6 The Youth Justice Agency delivers a range of services, often in partnership with others, to help children address their offending behaviour, divert them from crime, assist their integration into the community, and to meet the needs of victims of crime. It is an integral part of the wider criminal justice system and contributes to achieving the system's overall aims to support the administration of justice, to promote confidence in the criminal justice system and to contribute to the reduction of crime and the fear of crime. 2.7 Statutory youth conferencing was introduced by the Youth Justice Agency on a pilot basis in the Greater Belfast area in December 2003 and has been available across Northern Ireland since December 2006. It is based on a New Zealand model but has been successfully developed to meet local needs and is now mainstreamed within the Northern Ireland justice system. 2.8 Youth conferencing receives its referrals from two sources. The Public Prosecution Service can, with the consent of the young offender, direct cases for a Youth Conference rather than proceed with prosecution of the offence Page 9 through the courts. The Youth Court may also order cases coming before it to be diverted for a Youth Conference but retains its interest in ensuring that the conference plan is successfully completed. 2.9 In 2006-07 1298 referrals were received by the Youth Conference Service; 39% were diversionary referrals from the PPS and 61% were ordered by the Youth Courts. During the first nine months of 2007-08 referrals totalled 1,415 of which 63% were court ordered youth conference disposals. Based on an analysis of youth conferences given in the calendar year 2005, 38% of young people referred for a youth conference had not been sentenced for a previous offence; 14% had one and 48% had two or more previous sentences. 2.10 Youth Conferencing gives young offenders the opportunity to understand and make amends to their victims for the consequences of their offending and, through a plan of action, take active steps to prevent the commission of further offences. It involves the offender, the young person's family or responsible adult, the police, and the victim (where they so wish) - acting under the direction of a Conference Coordinator - to reach an agreed decision on what can be done to address the offending behaviour and put right the harm caused by the young person's actions. 2.11 Rather than being a soft option, the process can be challenging for an offender forcing them to face up to the consequences of their offending for themselves, their victim and the community. Victims have found it beneficial too in that they are empowered through having a say in how the harm caused to them can be addressed. Many victims have also reported that they participated in the process not necessarily because they wanted to punish the individual but because they hoped it would contribute to helping a young person avoid the descent into a spiral of offending which might blight their lives. 2.12 Statutory Youth Conferencing in Northern Ireland is widely viewed, within the United Kingdom and internationally, as an example of best practice in the field of restorative justice. It is still a little early to be able to assess the Page 10 impact of Youth Conference disposals on re-offending levels as this is traditionally measured using a two year cohort of cases but initial indications are very encouraging. We already know that the conferences are attracting high satisfaction levels from participants. A survey by the Youth Justice Agency on satisfaction ratings for youth conferencing show that 91% of victims would recommend conferencing to another victim and 93% of young offenders reported satisfaction with the conference outcome. Only around 6% of plans are revoked due to non-compliance. Community-based Restorative Justice 2.13 The Review of the Criminal Justice System in Northern Ireland, recommended that Community-Based Restorative Justice (CBRJ) could also have a role to play, within the criminal justice system, in dealing with the sort of low level crime that causes concern to many local communities. Its recommendation was subject to specific safeguards requiring schemes to work actively to uphold the human rights of all, to be prepared to work with statutory agencies including the police, to be willing to be accredited, to adhere to established standards in all key areas, and to be scrutinised by the independent Criminal Justice Inspectorate to ensure strict compliance. 2.14 On 5 February 2007, Government published the Protocol for Community-based Restorative Justice (CBRJ) Schemes which will regulate the activities of schemes seeking to engage in restorative justice matters and sets the framework for an acceptable relationship between schemes and the criminal justice system in dealing with these matters. 2.15 Under the Protocol, schemes identify offences to the police who liaise with the Public Prosecution Service and cases considered suitable by the PPS for a community disposal will be referred to schemes. In such cases the offender must have admitted their guilt and have made an informed decision about accepting a community-based restorative justice disposal. The offender can choose at any stage to revert to traditional prosecution through the courts and in such circumstances the restorative disposal would be terminated. A CBRJ intervention, involving an informed warning or restorative caution by the Page 11 police, will be recorded on the criminal record. Referrals will also be noted to allow repeat offenders to be identified as this may make them unsuitable to be considered for a further CBRJ referral. 2.16 Five CBRJ schemes have to date been accredited under the Protocol. Restorative Adult Conferencing 2.17 It was a further recommendation of the Criminal Justice Review that a conferencing approach should also be considered for young adults between 18 and 21 years of age. Initial scoping of the process has however indicated that only a small percentage of offenders may be suitable for such a disposal, while it would be resource intensive given the need to challenge often deeper seated offending behaviour. Assessment of Effectiveness of a Restorative Justice Approach 2.18 The long term effectiveness of both statutory conferencing and CBRJ referrals under the Government Protocol will take some time to assess. The broader restorative justice approach has however been subject to some independent analysis of its effectiveness when compared to the conventional criminal justice approach. A comprehensive study on restorative justice in the UK and abroad undertaken by The Smith Institute2 found in 36 direct comparisons with the conventional justice system that restorative justice: • substantially reduced repeat offending for some, but not all, offenders reducing recidivism more than imprisonment did (for adults) or as well as imprisonment did (for youths) • doubled the offences brought to justice; • reduced crime victims' post-traumatic stress symptoms and related costs; • provided both victims and offenders with more satisfaction with the justice outcome; 2 "Restorative Justice: The Evidence " (2007) Link: http://www.smith-institute.org.uk/pdfs/RJ_full_report.pdf Page 12 • reduced crime victims' desire for violent revenge against their offenders; and • reduced the costs of administering justice. FIXED PENALTY NOTICES 2.19 A system of fixed penalties has operated in Northern Ireland for many years dealing principally with minor traffic offences which do not require specific action to be taken by the courts. Where an individual refuses to accept a Fixed Penalty Notice the case will be processed by the Court in the normal manner. 2.20 There are 3 different types of motoring fixed penalties; Non-endorsable: e.g. parking offences or no seat belt. A fine of £30 to be paid within 21 days is levied, but the driving licence is not endorsed. Endorsable: e.g. identified by a Police Officer as speeding or having defective tyres. A fine of £60 to be paid within 21 days is levied. A driving licence must be submitted at a local police station within 7 days of the offence for endorsement. Conditional: e.g. caught speeding on camera - A fine of £60 to be paid within 28 days is levied. The driving licence must be submitted with payment for endorsement. 2.21 Other offences for which a Fixed Penalty Notice may be issued include littering and other environmental offences. Provisions in the draft Criminal Justice (Northern Ireland) Order 2008 – laid in Parliament on 3 March 2008 - would also provide new police powers for a fixed penalty notice to be issued for alcohol consumption in a public place. Page 13 FIXED PENALTIES FOR DEPARTMENTAL PROSECUTIONS. 2.22 Many Government Departments undertake the prosecution of minor criminal offences which relate to infringements of their own regulatory functions. These involve offences, for example, relating to vehicle and television licensing and benefits entitlements. Around 8000 cases a year are prosecuted in this way. 2.23 Some consideration has been given to the possible introduction of fixed penalties for Departmental prosecutions which are currently processed via a court summons. Preliminary investigation, however, indicates that whilst such an initiative would save some court time it would not result in significant savings that would allow re-deployment of existing judicial resources to other areas. Many of these offences are undefended, and these require little administration or court time. Some Departmental cases would not be suitable for disposal in this way either because of the seriousness of the offences; the amount of money wrongfully obtained; the complexity of the cases or the Public Interest in the case being prosecuted in open court. 2.24 The introduction of Fixed Penalty Notices for Departmental prosecutions would require legislative change and Departments to introduce significantly different processing systems. Balanced against the limited benefits to be derived, the introduction of fixed penalties for Departmental prosecutions has not, for the most part, been viewed as a cost effective option. 2.25 Some Departments are however giving consideration to the possible application of fixed penalties in limited circumstances. The Driver Vehicle Agency, for example, hopes to institute within the next three years a system of fixed penalty notices to deal with less serious haulier offences and illegal taxis. The DOE Environment & Heritage Agency, as part of a strategy in trying to work with businesses to achieve compliance, is also considering the potential to dispose of suitable cases by fixed penalty where there is cooperation. Page 14 INFORMED WARNINGS / ADULT CAUTIONS / RESTORATIVE CAUTIONS 2.26 In Northern Ireland, PSNI officers only have discretion to give informal advice and warning for minor infringements. Informed Warnings, Adult Cautions, and Restorative Cautions are all formal diversions which require consideration of, not only the weight of evidence, but of public interest factors as well. For that reason the decision as to prosecution, or diversion, rests with the PPS alone. In 2006-07 the PSNI issued over 5000 cautions. Almost 60% of cautions issued were for shoplifting, criminal damage or low level drug offences. Informed Warning 2.27 To issue an informed warning the police must be satisfied that there is sufficient evidence which would allow a case to be brought before a court and there must be an admission of guilt by the offender. An informed warning is recorded on a criminal record for 12 months. Further offending within that time may extend the period for which an informed warning is recorded. Adult Caution 2.28 Reserved for more serious offending than that warranting an informed warning, an adult caution requires a signature of informed consent, and will be recorded on a criminal record for a period of 5 years. Further offending in that time may extend the period for which an adult caution is recorded. Restorative Caution 2.29 To issue a restorative caution the police must be satisfied that there is sufficient evidence which would allow a case to be brought before a court, that there is an admission of guilt by the offender, and that some form of restorative intervention would be appropriate to address the underlying offending behaviour demonstrated. A restorative caution remains on the criminal record for a period of 2 1/2 years though further offending may extend the period for which it is recorded. Page 15 2.30 There is a system in place to expedite disposal of cases suitable for warnings and cautions for adult offenders. It involves direct communication between the police and a prosecutor where the offender is content to remain in the police station whilst contact is made. It remains a PPS decision but can be made almost immediately. This system is not deemed suitable for youth cases because they require input from the Youth Diversion Officer who requires some time to make enquiries into the youth's background. Page 16 SECTION 3: ALTERNATIVES TO PROSECUTION AVAILABLE IN OTHER UK JURISDICTIONS 3.1 Both England & Wales and Scotland have introduced a range of diversionary measures which are aimed at addressing low level criminal behaviour without recourse to prosecution through the courts. This is achieved by different means in each of the jurisdictions but they share a common purpose in quickly bringing a stop to the offending behaviour through a proportionate response which, in appropriate circumstances, may involve elements which are punitive, rehabilitative or reparative in nature. 3.2 This section identifies a range of these alternatives to prosecution and examines some of the benefits which statutory agencies believe they have realised for all the parties concerned. It also looks at some of the issues raised as a result of their implementation and examines the potential impact in Northern Ireland of adopting specific measures. PENALTY NOTICES FOR DISORDER/ FIXED PENALTY NOTICES Nature and Usage 3.3 Penalty Notices for Disorder (PNDs) are used by all 43 police forces in England and Wales. First introduced by the Criminal Justice and Police Act 2001, PNDs are designed to deal with a specified range of low level public disorder offences. PNDs for offenders aged 18 years and over were implemented across all police forces in England and Wales in 2003 – 2004 with their use extended to 16 and 17 year olds in January 2004. Legislation to further extend their use to include 10–15 year olds was introduced in September 2004 and pilots of PNDs for that age group are currently ongoing in some areas. 3.4 There are 25 offences that can currently be dealt with by issue of a PND. Typical offences include drunk & disorderly, causing harassment alarm or distress, throwing fireworks in the street, or using threatening words or behaviour. A PND can also be issued for incidents of criminal damage up to £500 and retail theft up to £200. Their issue is at the discretion of a police Page 17 officer, working to strict operating guidelines, and the value of the fine is either £50 or £80 depending on the level of the offence. PNDs are not considered suitable for dealing with offences which involve racial violence, domestic violence or mental health issues. 3.5 The issue of a PND does not require an admission of guilt and acceptance does not result in any criminal conviction though a PND disposal may be a disclosable fact in any future court proceedings. They can be issued either at street level, in mobile units or, where necessary, in the police custody suite. Offenders must consent to having DNA / fingerprints taken and, if intoxicated, must be brought back to the station to ensure informed consent has been given. Where the offer of a PND disposal is declined then an offence may be prosecuted through the courts in the normal manner. 3.6 Recipients have 21 days to pay the fine or to request a court hearing. Failure to do so will result in the penalty being re-issued at one and a half times the original amount. Failure to pay a re-issued penalty will result in its automatic registration as a court fine. Default on the court fine will lead to court enforcement action. 3.7 An analysis of PNDs usage levels in the five police areas of England and Wales which are designated as the most similar forces to PSNI3 indicates that an average of 7,500 PNDs were issued to persons aged 16 years and over during 2006. We might therefore expect to see similar usage levels in Northern Ireland if PNDs were fully implemented here. Experience in England and Wales suggests that: 54% of PNDs are paid in full; 40% are registered at court for non-payment but that only 10% of these will result in the issue of a court warrant with the potential for up to 300 of the 7,500 cases defaulting to imprisonment. 3.8 Scotland has been running, on a pilot basis, a system of Fixed Penalty Notices (FPNs) which operate in a similar way to PNDs in England and Wales and for a similar range of offences. Police may issue a fine of £40 allowing 28 days to pay. During the pilot period a total of 3327 FPNs were issued. If 3 Greater Manchester, Northamptonshire, Northumbria, West Midlands and West Yorkshire Page 18 unpaid, the fine is automatically registered as a court fine but it was estimated that less than 1% of offenders were charged for non-payment of fines which they attributed to the relatively low value of the fine. Experience of implementation in Great Britain 3.9 As part of the research for this paper, a multi-agency working group from Northern Ireland visited England & Wales and Scotland to learn about their experiences of implementing PNDs/ FPNs. Both jurisdictions found penalty notices to be a valuable disposal for police, and believed their operation had had a significant effect in reducing disorderly behaviour particularly in city centre locations engaged in night-time economic activity. 3.10 The experience in Great Britain identified a number of beneficial impacts from their introduction: • They allow an offence to be dealt with conclusively at the point of commission enabling the offender to acknowledge the inappropriateness of their behaviour whilst avoiding a criminal record for what can often be a minor misdemeanour. • The use of PNDs/ FPNs represent a significant saving of police time spent on administration enabling police resources to be re-deployed more effectively to provide a greater on-street police presence. • The diversion of cases which might otherwise have been subject to traditional prosecution enable prosecutorial and court resources to be targeted more effectively on cases involving more serious offences. • The issue of PNDs/ FPNs can defuse public disorder situations (particularly those associated with drunkenness and alcohol-related disorder in busy city centre locations) and potentially minimise more serious offending in the locality. Page 19 • Swift action to deal with this type of low level offending behaviour can increase community confidence in policing and reduce the fear of localised crime. 3.11 Their introduction however did raise a number of implementation issues which required careful management. These included issues associated with: • Net widening. Whilst PND's/ FPN's may be a quick and effective way of dealing with minor criminal activity there is the risk that actions which may previously have been disregarded or dealt with informally could be escalated to the issue of a penalty. An analysis of usage in the early stages in England and Wales identified a problem with over- enthusiastic application. They recognised the importance of producing clear guidance and training for police officers to guard against the dangers of net-widening and introduced Quality Assurance officers to examine all processed PND records to ensure application was consistent and appropriate. • Appropriate Usage. In addition to the potential for net widening, it was recognised that it was also important that penalty notices are only issued in cases where they are the most appropriate disposal. This required clear marking guidelines indicating circumstances in which even a low level offence would not be appropriate to be dealt with in this way. Examples included where it was part of a pattern of repeat offending or was associated with racial or domestic violence or mental health and learning disability problems. The guidelines also needed to indicate where it would be appropriate for another disposal – perhaps one targeting underlying offending behaviour or involving reparation or compensation for victims – to be deployed. In addition to guidance, an overarching quality assurance process would be required to examine usage and permit penalties to be cancelled or appropriately re- designated and to use that information to refresh officer training. • Operational Capability. To be able to issue PNDs on the street officers needed to be able to access appropriate information and, with Page 20 consent, take DNA and fingerprints at the scene. Officers need to know an individual's previous PND history (if any) which required police to maintain a centralised record (as PND issue does not appear on an individual's criminal record). Police forces in England & Wales and Scotland have tackled the issue of on-street collection of DNA and fingerprints in different ways e.g. either operationally: though deployment of mobile units; or technologically: through use of hand- held print readers and mobile DNA sample kits. These issues do not arise where the penalty is given in a police custody suite. Specific issues for Northern Ireland 3.12 In addition to the broader implementation issues outlined above we have identified some areas where implementation of PNDs would raise particular issues for Northern Ireland to consider. 3.13 The time and cost efficiencies which penalty notices for disorder deliver rely heavily on the ability of police to issue at their own discretion within strict operational guidelines. Full implementation of PNDs in Northern Ireland would require PSNI to be able to exercise a greater degree of autonomy than is allowed under current arrangements which require oversight of decisions by the Public Prosecution Service. The Justice (NI) Act 2002 vested decisions, in all cases investigated by police, in the new prosecution service. Implementing such a system was judged necessary to foster public confidence and to separate transparently, the functions of investigating and prosecuting crime. The PND system would represent a different approach in relation to offences at the lower end of the offending spectrum. 3.14 The introduction of a new fine-based disposal has the potential to lead to an increase in default for non-payment. As automatic committal to custody is the only sanction presently available in Northern Ireland for dealing with fine default this could increase pressure on prison places. Fine default accounted for 1951 prison receptions in 2006 and defaulters currently occupy 25-30 prison places on an average day. This need not necessarily be a bar to the consideration of PNDs in Northern Ireland but would require to be factored Page 21 into action currently being taken to reduce the number of defaults to prison custody. While it is necessary to retain custody as the ultimate sanction, Government is committed to introducing other non-custodial options which will deal with fine defaulting. A cross-agency Fine Default Implementation Team is currently considering a range of measures aimed at encouraging payment and providing alternatives to custody. These include: • Court Fine Officers contacting offenders to remind them of the stipulated time period for payment. A Fine Enforcement Officer pilot commenced on 12 November at Laganside Courts and will be evaluated in April 2008; • Introducing statutory arrangements for attachment of earnings or deduction from benefits to assist with making payments; and • Creating additional powers for enforcement of money judgements. 3.15 The draft Criminal Justice (Northern Ireland) Order 2008 also contains provisions to provide a supervised activity order (SAO) as the preferred default position for unpaid fines up to the value of £500. An SAO would require that a defaulter engage in activity of between 10 and 100 hours duration. 3.16 If PNDs/FPNs were introduced here it would be important to do so in a way which minimised the impact on fine default custody, as the Scottish model (described in paragraph 3.34) has done. QUESTIONS Do you consider that Penalty Notices for Disorder would be a useful addition to the disposals available in Northern Ireland? Do you consider that the PSNI should have the ability to make autonomous decisions on the issue of Penalty Notices for Disorder? Page 22 CONDITIONAL CAUTIONING 3.17 The conditional caution, introduced by the Criminal Justice Act 2003, and amended by the Police and Justice Act 2006, is a disposal which enables offenders to avoid traditional prosecution through accepting a caution which requires that they must comply with specified conditions. The conditions applied must be an appropriate, proportionate and effective means of addressing an offender's behaviour or of making reparation for the effects of the offence on the victim or the community. 3.18 A conditional caution may be given for the same types of low level offences which might otherwise attract the issue of a PND by a police officer. It is more likely to be used in circumstances where financial reparation to the victim is an issue or it is believed that action to address the underlying behaviours underpinning the commission of the offence might make commission of further similar offences less likely. 3.19 A conditional caution can only be approved by a Crown Prosecutor and would therefore require that the offender is in the police custody suite for its imposition to be considered. The conditions that can be attached to a conditional caution must have one or more of the following objectives: rehabilitative – conditions that help to change the behaviour of the offender, reduce the likelihood of them re-offending or help to reintegrate the offender into society. reparative – conditions that aim to repair the damage done either directly or indirectly by the offender. punitive - conditions which punish or penalise the offender for their law- breaking and can include: • the payment of a financial penalty (up to £250); Page 23 • unpaid work for a period not exceeding 20 hours; or • attendance at a specified place for a period not exceeding 20 hours. 3.20 If an offender fails without reasonable excuse to comply with the conditions attached to a conditional caution the legislation provides for criminal proceedings to be instituted and the caution cancelled. Experience in implementing conditional cautions 3.21 Statutory provision has been made for implementation across England and Wales but application is not yet universal. Initial feedback on the study visit to a police force in England during 2007 was that relatively few conditional cautions had been issued. The ability to issue a PND for a similar offence was cited as a particular factor in the low level of usage. As offenders who might potentially have been suitable for a conditional caution were dealt with quickly by police officers either on the street, or overnight in the custody suite, there were fewer cases available for assessment by Crown Prosecution Staff. The issue of guidance on use of PNDs has had an impact on this situation and the numbers of conditional cautions are now beginning to increase. 3.22 The most recent report from the Office of Criminal Justice Reform shows that conditional cautioning is now operating in nearly half the Basic Command Units in England and Wales. The level of use continues to vary considerably between areas but is growing quickly as the following table indicates: FINANCIAL YEAR CONDITIONAL CAUTIONS ISSUED 2005- 2006 510 2006 - 2007 1,578 2007 – 2008 (1st quarter only) 875 3.23 Offences involving criminal and malicious damage (under £500 in value) accounted for almost half of all conditional cautions administered. Page 24 Common assault, theft, fraud and drugs possession offences accounted for a further 26% of cases. The most commonly applied conditions to cautions are: • compensation (64%) • letter of apology (13%) • drug intervention programme (12%) • alcohol related condition (5%) • restrictive conditions (2%) • all other conditions (4%) 3.24 Although it is still relatively early to draw conclusions about their use in England and Wales, experience to date has already identified some benefits. Conditional cautioning is viewed as particularly helpful for victims of criminal damage as the disposal allows for financial compensation to be made to the victim for property which has been criminally or maliciously damaged by the offender. This is strongly evidenced in the use of compensation conditions in 64% of all cautions applied. Where the same offence is dealt with by means of issue of a PND a fine is paid to the state but no direct compensation is made to the victim. This is a matter of concern to all victims, but victims of retail crime in particular. 3.25 A conditional cautioning approach is believed to be able to make a contribution to longer term behavioural change in offenders by channelling offenders' energies into diversionary activities or attaching programme requirements targeting the attitudes which underpin their offending behaviour. The most commonly applied rehabilitative condition relates to drug intervention strategies. It will however be some time before the impact on two–year reconviction rates can be assessed. 3.26 However, current experience has also highlighted some issues which have impinged on the ability to deliver conditional cautioning effectively. As has already been highlighted, there are tensions surrounding the ability of police to deploy PND's and prosecutors to deploy conditional cautions for the same range of offences. In addition there are issues around resourcing and capacity building in order to deliver conditions aimed at offender rehabilitation. Page 25 Cautions have thus far tended to concentrate largely on punitive and reparative (compensatory) conditions which are relatively cost-neutral to effect. The ability to deliver programmes and secure placements which underpin specified rehabilitative conditions has been hampered in many areas by the need to build capacity amongst statutory and voluntary sector agencies and their ability to secure adequate resources to administer them. 3.27 Conditional cautioning could provide similar benefits but also face similar constraints in terms of resourcing and capacity building if adopted here. There are no known additional impacts which would be specific to Northern Ireland. As conditional cautioning is prosecutor-led the tension which exists as a consequence of the respective roles of PSNI and PPS in Northern Ireland do not arise in the same way that they do in relation to penalty notices for disorder. DIRECT MEASURES 3.28 Direct Measures is a term used in Scotland to describe a range of ways in which cases might be dealt with as an alternative to prosecution through the courts. The measures include: fines or warnings from the procurator fiscal; diversion; unpaid work orders; and compensation orders. 3.29 A 'fiscal' fine - a conditional offer (from the Procurator Fiscal) of a fixed penalty in relation to any offence in respect of which an alleged offender could competently be tried before a district court - is a means of prosecutors expediting the disposal of less serious offending, while giving an alleged offender the opportunity of avoiding a criminal record. The levels of fine, set by the Scottish Executive, are £25, £50, £75 and £100, but from 10 March 2008 fines may be levied between £50 and £300. If they are paid there is no prosecution or formal conviction against the accused. The accused can choose not to accept the fine in which case the Procurator Fiscal may prosecute the case in court. Additionally, the scope of the fiscal fine has been widened to allow the use of a compensation order, which is offered and enforced in the same way as a fiscal fine, but with the proceeds going to the victim of the offence. Where the prosecutor feels that an offender could avoid Page 26 re-offending with the assistance of a support programme, and there are suitable placements available, he may also attach a programme requirement to the disposal. 3.30 In Scotland, it is also intended to pilot "work orders", where an offender might be asked to accept short periods of unpaid work as an alternative to prosecution. 3.31 If the Procurator Fiscal decides to take no proceedings following failure or refusal to accept a fiscal fine, the fact that a fiscal fine was made will remain confidential. If, following failure to accept the offer, a prosecution follows, the failure of the accused to take up a fiscal fine may be disclosed to the Court. Once an offer (of a fiscal fine) has been accepted the Procurator Fiscal, if asked, may disclose this to any person whom he considers to have a legitimate interest in knowing the outcome of the case, for example, the victim or the media. 3.32 The Procurator Fiscal may decide to give the accused either a written or personal warning for an offence, rather than a fine. These warnings make it clear that a report of a crime has been submitted to the Procurator Fiscal and that repetition of the alleged behaviour will be likely to result in a prosecution. Experience of implementing direct measures 3.33 Some difficulties have been experienced in circumstances where offenders have failed to respond to the offer of a fiscal fine. In response Scotland is implementing legislative amendments – effective from 10 March 2008 – to provide that a failure to reject the offer of a fiscal fine will be deemed acceptance of that fine for the purposes of any subsequent default action. 3.34 Scotland has also experienced some difficulties in pursuing fines which have been partially, but not fully, paid. Powers have also therefore been taken to introduce Fines Enforcement Officers whose role it is to maximise the number of cases in which fines are fully paid. They will have powers to: make Page 27 variations in payment terms; make deductions from salaries and benefits; freeze bank accounts; and seize vehicles. Issues raised in Northern Ireland 3.35 The Criminal Justice Review recommended that the introduction of a prosecutorial fine in Northern Ireland be considered. A Prosecutorial Fine is a power conferred on prosecutors to offer a fine as a disposal to an offender, which the Review envisaged as a means of expediting some of less serious cases, while giving an alleged offender the opportunity of avoiding a criminal record. 3.36 The Review Team acknowledged that it might be argued that Prosecutorial Fines involve the imposition of punishment, or putting pressure on a suspect to accept punishment without recourse to due process. However they concluded that, provided that in issuing a fine it is made very clear that the recipient has the option of fighting the case in court, there should be no human rights objections to this course. In principle the concept is little different from a fixed penalty. QUESTION Do you consider that a conditional caution approach - involving elements of a punitive prosecutorial fine, and a menu of other rehabilitative and reparative conditions, where appropriate - should have a role in Northern Ireland? Page 28 SECTION 4: WIDER ISSUES RAISED BY POTENTIAL ALTERNATIVES TO PROSECUTION MEASURES 4.1 The consideration of some of the alternative measures identified in section 3 has already touched on some potential advantages for the offender, victim and the criminal justice system of the measures implemented in Great Britain. It also highlighted some of the potential difficulties which were experienced in their implementation and the impact these may have in Northern Ireland. This section addresses some of the broader cross-cutting issues which are raised by the alternatives to prosecution approach but are not exclusive to any particular measure. Recorded Crime Levels. 4.2 Experience in Great Britain has shown that, with the introduction of alternatives to prosecution, recorded crime rises sharply and this has the potential, unless properly communicated and qualified, to impact on public confidence and increase fear of crime. As individuals subject to these measures have admitted their offence, or otherwise consented to the disposal, this should however also translate into a corresponding increase in clearance rates. Public Perceptions. 4.3 Options which divert offenders from prosecution through the courts can sometimes be viewed in the eyes of the public as a 'soft' option for dealing with offenders. In fact a fine, issued as a diversionary disposal, reflects the most likely outcome of comparable cases which have been processed in the normal way through the court system. Fines are the most commonly used court disposal (accounting for 66% of all disposals made in 2006). Some of the alternative options can in reality be very challenging as offenders face up to the consequences of their actions by making reparation to their victims and participate in activities which address their offending behaviour. Page 29 4.4 There could potentially also be a perception that introducing new financial penalties is simply another means of generating revenue for central Government. That is not a consideration in these measures. There may however be potential to explore diverting revenue from these disposals to directly improve victims' services or offender rehabilitation services. Human Rights and Equality Implications 4.5 On the basis that all of the alternatives to prosecution identified in this paper are consensual and will operate on the basis of informed consent, we do not believe that they infringe any individual's human rights. Individuals who do not consent to the offer of an alternative measure – where this is considered an appropriate option - are fully entitled to have their case progress as normal through the traditional justice process. Those who would accept a penalty notice for disorder (including one issued on-the-street) have the period before payment of the fine is due (up to 28 days) to identify if they should wish to exercise that option. Should an individual accept but does not subsequently complete the specified requirements of a conditional caution it would be for the prosecutor to reconsider prosecution of the case. 4.6 This paper sets out in broad terms a number of developments which could bring advantages in Northern Ireland. In light of comments received more specific plans will be drawn up and subjected to equality impact screening. In the meantime we would welcome views from respondents who might identify any area in which they feel the proposals could have adverse equality impacts. QUESTIONS: Do you think it would be appropriate for revenue raised through the imposition of any alternative to prosecution punitive fine to be diverted to support victims' services, and/or to fund rehabilitative services for offenders? Do you consider that implementation of any of the alternatives to prosecution identified in this paper might give rise to any concerns about human rights or equality issues? Page 30 SECTION 5: CONSULTATION QUESTIONS & NEXT STEPS 5.1 Views are welcome on any aspect of the matters raised in the paper but are particularly sought on the range of specific questions set out below. Some of these have been posed already in response to particular measures identified in sections 3 and 4 of the paper and others of a more general nature are posed for the first time in this section. For convenience, the questions are replicated in full below. The overall alternatives to prosecution approach: Q1: Would you consider the development of alternatives to prosecution to be an advantageous addition to the criminal justice system in Northern Ireland? The suitability of measures identified for application in NI: Q2: Do you consider that Penalty Notices for Disorder would be a useful addition to the disposals available in Northern Ireland? Q3: Do you consider that a conditional caution approach - involving elements of a punitive prosecutorial fine, and a menu of other rehabilitative and reparative conditions, where appropriate - should have a role in Northern Ireland? Q4: Are there any other alternatives to prosecution which you believe the government should be considering? Operational Issues: Q5: Do you consider that the PSNI should have the ability to make autonomous decisions on the issue of Penalty Notices for Disorder? Q6: Do you consider that the counter-measures identified, in section 3, adequately address the potential implementation issues raised? Q7: Have you identified other potential operational difficulties, or issues of concern, arising from implementation of the measures identified? Page 31 Any possible differential impact in NI: Q8: Do you consider that there are special circumstances in Northern Ireland which may lead to an unintended impact here of alternatives to prosecution. If so, what are these, and how do you consider they might be addressed? Use of fines revenue: Q9: Do you think it would be appropriate for revenue raised through the imposition of any alternative to prosecution punitive fine to be diverted to support victims' services, and/or to fund rehabilitative services for offenders? Human rights and equality issues: Q10: Do you consider that implementation of such alternatives to prosecution might give rise to any concerns about human rights or equality issues? NEXT STEPS 5.2 The consultation period concludes on 30 May 2008. All responses should be made to the address identified on page 3. A pro forma listing the questions raised has been attached for those who might find it a convenient way to respond, but we would of course welcome responses in whatever form respondents find most suitable. 5.3 Responses will be analysed and a summary of responses published on the NIO website. The responses will inform further policy consideration by Northern Ireland Office Ministers on the viability of adopting a policy of implementing further options for alternatives to prosecution in Northern Ireland. 5.4 NIO Ministers will remain responsible for taking decisions in this area up to the point of devolution of justice and policing. After devolution responsibility for these matters will transfer to the relevant Minister in the NI Executive with any legislative change being the responsibility of the NI Assembly. Page 32 CONSULTATION QUESTIONS RESPONSE FORM For convenience, the questions raised in the discussion paper are replicated below; The overall alternatives to prosecution approach: Q1: Would you consider the development of alternatives to prosecution to be an advantageous addition to the criminal justice system in Northern Ireland? The suitability of measures identified for application in NI: Q2: Do you consider that Penalty Notices for Disorder would be a useful addition to the disposals available in Northern Ireland? The suitability of measures identified for application in NI (contd.): Q3: Do you consider that a conditional caution approach - involving elements of a punitive prosecutorial fine, and a menu of other rehabilitative and reparative conditions, where appropriate - should have a role in Northern Ireland? Q4: Are there any other alternatives to prosecution which you believe the government should be considering? Page 2 Operational Issues: Q5: Do you consider that the PSNI should have the ability to make autonomous decisions on the issue of Penalty Notices for Disorder? Q6: Do you consider that the counter-measures identified, in section 3, adequately address the potential implementation issues raised? Q7: Have you identified other potential operational difficulties, or issues of concern, arising from implementation of the measures identified? Page 3 Any possible differential impact in NI: Q8: Do you consider that there are special circumstances in Northern Ireland which may lead to an unintended impact here of alternatives to prosecution. If so, what are these, and how do you consider they might be addressed? Use of fines revenue: Q9: Do you think it would be appropriate for revenue raised through the imposition of any alternative to prosecution punitive fine to be diverted to support victims' services, and/or to fund rehabilitative services for offenders? Page 4 Human rights and equality issues: Q10: Do you consider that implementation of such alternatives to prosecution might give rise to any concerns about human rights or equality issues? Please return to; Alternatives to Prosecution Consultation, Criminal Justice Policy Unit Northern Ireland Office Massey House Stoney Road BELFAST BT4 3SX Telephone: 02890 527299 Fax: 02890 527507 Text phone: 02890 527668 E-mail: firstname.lastname@example.com Closing date of consultation is 30 May 2008. Page 5
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The ratings decline for "Duck Dynasty" continued as it kicked off its sixth season Wednesday with the show's lowest numbers since the fall of 2012.
"Duck," which featured a guest appearance by Louisiana Governor Bobby Jindal, was cable's No. 1 show on the night, according to Nielsen, but its 1.8 rating in adults 18-49 was 45% lower than its fifth-season opener in January of this year (3.3). It was also 28% lower than where it ended with its fifth season in March (2.5).
In total viewers, "Duck" drew 4.6 million on Wednesday -- down 46% from its season 5 premiere (8.5 million) and 23% below its March season finale (6.0 million).
The show, which was embroiled in controversy last winter due to derogatory comments about gays and others made by family patriarch Phil Robertson, peaked with its fourth-season premiere last August (5.0 demo rating, 11.77 million viewers overall) -- the largest audience for a nonfiction series telecast in cable history.
While the controversy certainly contributed to "Duck's" decline, it also should be noted that docudramas in general tend to have a relatively short shelf life. The series seemed to lose steam in the back half of its fourth season, and its ratings declines accelerated post-controversy.
"Duck Dynasty" also holds the cable reality record in adults 25-54 (6.3 million), topping the mark set by "Trading Spaces" nearly 10 years earlier. The only cable reality show to ever draw more adults 18-49 than last summer's "Duck Dynasty" premiere was TLC's "Jon & Kate" in June 2009 (6.5 million).
Related storiesReligion Makes an Appearance on Reality TV LandscapeRatings: 'Duck Dynasty' Wraps Season Down Sharply From 2013A&E Ups Drew Tappon to Senior VP of Reality Development 2014 Variety Media, LLC, a subsidiary of Penske Business Media; Distributed by Tribune Content Agency, LLCCopyright © 2015, Orlando Sentinel


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New book offers ideas for coping constructively with oppositional employees
"Aspiring CIO leaders urged to home social awareness"
A new book, "The Ethics of Dissent: Managing Guerrilla Government," offers potential solutions to the problem of public employees who are not given freedom to voice their disagreement with their agencies' policies and who act covertly rather than openly work for change.
The book's author is Rosemary O'Leary, a professor of public administration at Syracuse University's Maxwell School. Published by CQ Press (2006), "The Ethics of Dissent" recommends ways that managers can deal constructively with what O'Leary labels "guerrilla employees."
W. Mark Felt, the second-highest ranking official at the FBI during the Watergate investigation in the early 1970s, is a well-known example of a guerrilla employee. By clandestinely providing information to Washington Post reporters Bob Woodward and Carl Bernstein, Felt was instrumental in the resignation of President Richard Nixon.
O'Leary derived many of her insights about dissent in public agencies from her tenure as a member of NASA's Return to Flight Task Group, a task force created to study NASA after the accident that destroyed the space shuttle Columbia.
She wrote that one of the challenges that NASA's new administrator, Mike Griffin, faces is transforming an agency culture that suppresses dissent and spawns guerrilla actions into one that encourages diverse viewpoints and uses them constructively. "At NASA, groups trained in different disciplines routinely dismiss the thinking of others trained differently," O'Leary said.
Sean O'Keefe, former NASA administrator, said the agency dealt poorly with dissent, but he found NASA's culture difficult to change. Sometimes diverse opinions and judgments are crushed, but they are more often automatically ignored, he told O'Leary. "The dismissing of other viewpoints happens so quickly and is so subtle that it is very tough to address as a leader," he added.
O'Leary argues that conflicts between bureaucratic and democratic tendencies are characteristic of public agencies and allow oppositional behavior. The author cites the
often-limited resources political managers have for handling employees who disagree with policies, especially for sorting the ethical from the unethical dissenters or the well-informed from the misguided.
She advises that political appointees entering government for the first time be required to take a two-day training course that communicates the desirability of working with career employees in a more democratic, less bureaucratic manner. "Our first line of defense can no longer be dismissing government guerrillas as mere zealots or troublemakers," she wrote.
O'Leary also recommends establishing conflict management policies, procedures and practices that encourage managers to respond early to constructive dissent and that make democratic problem-solving part of the organizational culture.
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Meet 100 women and men who are doing great things in federal IT.
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Unisys Federal Systems' Venkatapathi Puvvada, this year's Eagle award winner for industry, stresses the importance of community.
Experts tell committee that business models, not technology, are the main obstacle to better sharing across systems.
Protests have delayed SEWP V, but industry experts say the contract vehicle offers agencies service and value that are hard to find.
The power of the individual informs FCW's coverage each and every day, but with the Federal 100, we take time to really spotlight and celebrate it. Get to know each of this year's winners.
The latest version of the Cybersecurity Information Sharing Act purportedly protects companies from liability and individuals from government intrusion.
Popular CIO is headed for the private sector.
The Census Bureau hasn't established a time frame for its cloud computing plans, including testing for scalability, security, and privacy protection, as well as determining a budget for cloud services.
President Obama's proposal to boost government coordination with the private sector got a warm welcome in the House Homeland Security Committee.
The spy agency wants to better integrate cybersecurity into its traditional human intelligence operations.
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These services are not meeting the needs of older travelers today and will, if unchanged, be even less beneficial in the future, Sandra Rosenbloom the Institute's director of innovation in infrastructure explains in "Roadblocks Ahead for Seniors Who Don't Drive."
"Many people believe that services are in place to provide mobility for older people when they can no longer drive," said Rosenbloom, noting there will be 55 million people over the age of 65 by 2020. "Unfortunately, this is simply not true for the overwhelming majority of older Americans. Putting faith in that kind of future without doing anything to actually make it happen is just perpetrating another scam on the elderly."
Under the Americans with Disabilities Act (ADA) public transit operators must provide door-to-door "paratransit" services on demand to people with disabilities. But these services aren't of much use to older Americans, because they are only for people with serious disabilities; must be offered only in three-quarter-mile wide corridors parallel to existing bus routes, and only during the hours those buses operate; and are so expensive that many transit operators are trying to provide only minimum services.Paratransit costs nationally rose 197%, to $3.5 billion, between 1999 and 2011. Ridership grew 49%, while the average one-way trip almost doubled from $17.39 in 1999, to $34.59 in 2011.
In 10 locales Rosenbloom reviewed (Philadelphia; Denver; San Diego; Portland, Oregon; Cleveland; Oakland, Calif.; state of Rhode Island; Albuquerque, N.M.; Sarasota, Fla.; and Madison, Wis.), transit operators spend a disproportionate share of their budgets on a very small number of ADA riders, who take, on average, very few trips each month.
For example: the state of Rhode Island, which operates all public transit there, spent almost 17% of its operating budget in 2011 on ADA services for just over 3% of its riders.
The average elderly rider in Denver and Sarasota — the studied cities providing the most ADA service — took less than two roundtrips each month.
Because one-third to two-thirds of all elderly people do not live or travel within the obligatory service corridors, Rosenbloom recommends expanding paratransit services to areas where elderly people are living without them. She also calls for developing services for people not seriously disabled but facing mobility problems and delivering more appropriate public transit options while making it possible for older people to continue driving safely longer.
"To do otherwise," she said, "is to cheat our aging population, and cheat ourselves of the important contributions older people make to our society through continued employment, grandparenting, volunteering, mentoring, and chauffeuring other older people."
RELATED ARTICLE: Check out, "Transitional program alleviates paratransit demand."
The energy will be used to help power the vehicles and run the climate control systems, lights, ramps and wheelchair lift while the buses are stopped, eliminating the need for idling.
The Non-Emergent Medical Transportation contracts are for the Oregon Health Authority's Tri County MedLink and the Illinois Department of Healthcare and Family Services Managed Care Network's Family Health Network.
The Titan800 Retractor System is designed to meet the latest WC18 industry regulations, which take effect December 2015.
The Final Rule applies to public entities providing fixed route, dial-a-ride and complementary paratransit services. It establishes that an individual's disability cannot preclude a public transportation entity from providing full access to its service except where doing so would fundamentally alter the service.
Following unanimous approval by the SFMTA board in January, the SFMTA has worked tirelessly to meet the city's demand for this program. In just over one month, the SFMTA has processed more than 38,000 applications for the Free Muni program expansion.
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Amy Butler Blue Imperial Ginger Tote Bag
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Amy Butler Blue Imperial Ginger Tote Bag
Weights & Dimensions
|Product Type: Shoulder Bag; Tote Bag
|Material: Cotton
|Strap or Handle Style: Double Handle
|Closures: Top Zip
|Color: Blue
|Size: Oversized
|Pattern: Floral
|Distressed: No
About the ManufacturerAmy Butler marries modern grace, confident color, lush pattern, feminine beauty and impeccable quality. Organic cotton, low impact dyes, the highest grade leather accents, zippers & trims, and quality construction. Amy Butler is a fabric, home, fashion and print designer known for her modern approach to botanical, geometric and romantic inspirations. With spirited color and confident combinations of print, Amy has created a freshened view of the many product categories for which she now designs. As a sewing pattern designer, she has brought modern styling to the sewing arts and inspired a new generation of young women to "find their own style." Amy?s growing brand has become synonymous with creativity, sustainability, quality and great style.
Amy Butler Blue Imperial Ginger Tote Bag
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OUR SKU # AUE1666Blue Imperial Ginger Tote Bag is also sometimes listed under the following manufacturer numbers: AB136-LEAF


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REVIEW: Take What You Want by Jeanette Grey
Dear Ms. Grey: Wow, do I like this book. Which surprises me because, prior to reading Take What You Want, your New Adult romance, I'd yet to encounter a NA that did much for me. I had thought I was… more
Dabney A- Reviews/ Recommended Reads New Adult
Dear Ms. Grey: Wow, do I like this book. Which surprises me because, prior to reading Take What You Want, your New Adult romance, I'd yet to encounter a NA that did much for me. I had thought I was… more
Jayne A- Reviews/ Recommended Reads England, family relationships, Historical, Knights, medieval
"Ten-year-old Brunin FitzWarin is an awkward misfit in his own family. As an act of encouragement, his father sends him to be fostered as a knight in the household of Joscelin, Lord of Ludlow. Here he meets the lord's… more
Kati A- Reviews Berkley, Paranormal, Recommended Reads
Dear Ms. Dane: Your Bound by Magick series is my favorite of your paranormal series. Clan Owen, one of the largest and oldest covens of witches in the United States is recovering from the horror of the Magister, a superpowered… more
Jennie A- Reviews/ Recommended Reads experienced heroine, Historical fiction, Victorian era
Dear Ms. Atlee: Janine actually turned me on to this, your debut novel. I now owe her a big present, because I hate to think that this story would otherwise have escaped my attention. The book is marketed as historical… more
Sunita A- Reviews Chocolate, Contemporary romance, enemies to lovers, lesbian, Paris
Dear Ms. Florand: I have been eagerly awaiting the next installment in your Chocolate series, and I'm delighted to say that it was worth the wait. You are writing my favorite type of series: all the books are set in… more
Dabney A Reviews/ A- Reviews/ Recommended Reads historical romance, holiday novella, medical romance
Dear Ms. Milan, I hope you are having a lovely holiday season. This year, as in 2011, you enriched my December by releasing a stellar Christmas tale. A Kiss for Midwinter is not quite as brilliant as This Wicked Gift (mentioned here in my list of… more


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'Spring forward' Saturday night
It's time to spring forward.
Daylight saving time begins at 2 a.m. Sunday, which means you should move your clocks and watches ahead one hour before going to bed Saturday night.
Daylight saving time begins on the second Sunday of March each year and ends on the first Sunday of November.
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Arcola Stampede and Fair grounds.
Come out and enjoy this "old time" event hosted by Arcola Fair & Stampede Inc. Activities include a parade, threshing demonstration, tractor pull, antique tractor and equipment display, antique auto show, pancake breakfast, entertainment, ball tournament, and community dinner.
Box 520
Arcola, SK S0N 0G0
Tel: (306) 455-2649
Website: http://arcolafair.wordpress.com
3-Jul-2015 to 5-Jul-2015
Rate details: $5 adults, $2 children 10 years and under.
Information in this listing is subject to change at any time. Please contact the organizer to verify that information is accurate.


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Henson not worth the risk
ESPN's Austin Healey
September 22, 2010
Austin poses with ESPN colleague Ben Kay during their coverage of London Irish's victory over Gloucester © Getty Images
Who in their right mind is going to sign Gavin Henson? It may seem strange to kick off my latest Premiership column with thoughts on a player who has never played in England - or anywhere for 18 months - but that hasn't stopped his name hogging the headlines of late.
I can't see any Premiership clubs signing him for a number of reasons. Rugby-wise we just don't know what he brings to the table anymore. He's a mystery, having been out the game for so long, and although he could come back and be fantastic, at the same time he could return and be terrible. And with what is sure to be a hefty asking price, absolutely no one will take that risk.
In addition there's the potential cultural change within a club if they decide to sign him and as a result I can't see many directors of rugby wanting him - if any. And what is he thinking doing Strictly Come Dancing now? That's the sort of thing you do when you have finished playing rugby - not bang in the middle of your career - because it makes it a lot harder to return to the game after.
The media interest a show like that generates and the lifestyle if provides can lead to a lot of other offers, which may be something that he craves, and in that sort of scenario rugby may seem less attractive. It is a strange one that I find hard to explain. At 28 he is in the prime of his playing career so why go and do a TV show? When he gets to 35 I believe he will regret the fact that he did it now.
Anyway, back to the action. With three wins under their belt Northampton continue to impress and look good across the field, but I don't think they are the finished article. If I was in charge there I would be looking to strengthen my options at fly-half where they still appear to be undecided between Shane Geraghty and Stephen Myler. If they had a top-class playmaker in there, a Butch James or a Toby Flood, it could transform them from potential Premiership winners to probable European champions.
The season is young and there is no way they will get through the whole campaign unbeaten. If they were to lose the likes of influential props Brian Mujati and Soane Tonga'uiha then that task will be even harder. But at the moment they are the stand-out side and for that they deserve immense credit.
Things are not so rosy for Leeds at the other end of the table. I've watched all of their games in depth and I see plenty of reason for concern. They had plenty of success last year with an aggressive defence that often dominated the opposition, forcing them into errors which they then capitalised upon. This year they may be talking about consolidation but they have moved away from their basic game and it is costing them. They've changed their pattern of play and are now playing too much rugby and I don't think that they've got the quality of players to do that. They are almost trapping themselves I think.
Two wins out of three is great news for Exeter but their latest success against Newcastle was probably their worst performance of the season. Fair play to them and in particular to fly-half Gareth Steenson, who ensured they kicked their way to victory. Newcastle will be kicking themselves at the amount of penalties they gave away in that game. They over-competed at the ruck as opposed to just letting Exeter try and break them down.
Leicester's performance against Wasps was another puzzling one and to score no points in the second half is simply unacceptable. I have no idea what happened to them apart from the fact that they lost fly-half Jeremy Staunton. You can argue that they lost their direction but that is no excuse really. The No.12 should step in but it just didn't work out with Billy Twelvetrees and players just disappeared. It's very unlike Leicester to lose that sort of lead and it flipped the form book on its head because the Tigers had previously come good in the second half of their earlier games, whereas Wasps had faltered.
As for eye-catching individual displays, I return to the Saints and the ever-impressive Chris Ashton. He is playing very well and Northampton use him cleverly so you have got to give the coaches plenty of credit. They could have just taken this quick rugby league player and stuck him out on his wing but they didn't. They get him under the ball, coming inside and making half breaks and he's excellent at that. The try-machine that is Wasps wing Tom Varndell is another player in-form with four tries to his name now this season and to me, he looks like an ideal bench player for England. They could stick him on late in the game, throw the ball around and just wait for him to score.
Looking ahead we have another great game at Vicarage Road this weekend with Saracens taking on Northampton and on current form it is likely to be a very close game. Home advantage has been critical up to now - last weekend there was only one game won away from home and there have only been three away wins all season - so you have to favour the home side at the moment.
We haven't seen Northampton under too much pressure defensively as yet, apart from those final minutes against Quins, so there may be some joy for Sarries if they can break Saints down.
Now, I like to end these things on a more light-hearted note so I will be giving Everton a wide berth. Instead, I read with interest a story about Wasps' Joe Worsley this week who was pining for his piano and put his lack of form down to its absence from his house. For those interested, I also required a tune-up to ensure I was on the top of my game - my instrument of choice? The bongos.
Got a question or comment for Austin? Click here to contact us
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Austin Healey is Lead Analyst for ESPN Rugby
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