Recommendation 26

HM Government Not Addressed

Data on the number of Fixed Penalty Notices (FPNs) paid within the 28-day statutory payment period can be found on the National Police Chiefs’ Council (NPCC) website. The latest figures published on 16 March 2022 and can be found here: Update on Coronavirus FPNs issued by forces in England and Wales, and the payment of FPNs (npcc.police.uk). Police in England and Wales have processed a total of 118,975 FPNs, with 70,495 having been paid within the statutory 28-day payment period by those who received them. 2,755 FPNs were contested by recipients, and 51,353 were not paid with within the statutory 28-day payment period. If an FPN is contested or not complied with within the 28 day payment period, the case becomes a matter for HM Courts and Tribunals Service (HMCTS) following a force level review. Data as to the number of cases where the police have decided not to seek a prosecution, or no decision was taken before the expiry of the limitation period, is not held centrally. ACRO Criminal Records Office (ACRO), the processing body for COVID-19 FPNs on behalf of the Police, hold some information received from individual forces on their handling of FPNs, but they do not have a comprehensive or accurate picture of the overall position in terms of compliance, or of decisions taken at force level. Presently, almost 50% of notices do not have a proceed/rescind outcome on ACRO records. HMCTS outcome data would assist with identifying the number and nature of the cases which resulted in prosecution but police do not have access to that information. In response to the Report’s request for the total number of prosecutions of COVID-19 cases (including single justice procedure cases), please find the below table on the number of prosecutions for COVID-19 offences in 2021, on principal offence basis, broken down by offence code and detailed offence. Prosecuted 2021 16857 – Failure to comply with screening restriction/requirement 1 (coronavirus) 16858 – Operator of Port fails to comply with direction under 0 Coronavirus Act 2020 16859 – Offences by potentially infectious persons (coronavirus) 18 16860 – Breach of emergency period restrictions (coronavirus) 23,898 16861 – Offences in relation to events and gatherings (coronavirus) 66 Total prosecutions 23,983 There were 23,983 defendants prosecuted and 20,318 offenders convicted for offences relating to COVID-19, the majority of which were for breaching emergency period restrictions. Of the 20,317 offenders sentenced, almost all (99.5%) were fined, with an average fine of £1,001. The majority of COVID-19 related offences were dealt with out of court via a fixed penalty notice.