Source · Select Committees · Justice Committee
Recommendation 27
27
Paragraph: 72
The guidance on ACRO Criminal Records Office’s website is ambiguous.
Conclusion
The guidance on ACRO Criminal Records Office’s website is ambiguous. It should be made clearer to reflect the fact that contesting a fixed penalty notice does trigger a review by the relevant police force. If someone has a good reason to suspect that a fixed penalty notice has been issued in error, they should be made aware of the fact that a contest request will not necessarily result in a prosecution.
Paragraph Reference:
72
Government Response
Not Addressed
HM Government
Not Addressed
The guidance is owned and drafted by ACRO Criminal Records Office (ACRO), who have provided the following response: Information on contesting a fixed penalty notice (FPN) is available on the ACRO website. This advises the recipient that, should they opt to contest, their case will be reviewed by the individual force and any decision to proceed is made solely by the owning force. The ACRO website conveys this information via FPN Frequently Asked Questions (FAQs) under the ‘Contesting your FPN’ section. The FAQ below sets out the next steps following the recipient’s contest request. However, FPN FAQs should not be read in isolation of the FPN letter which also clearly states that details will be passed on to the issuing force. What happens after I contest and request a court hearing? After the 28-day window outlined in your letter has passed without payment, we will return your case to the force. We will inform them of your contest request and forward any supporting information/evidence that you have provided. The force will then review your case and decide whether to withdraw the fine or proceed the matter to court. Once your case is returned to the force, ACRO are not involved in the next stages of the process. You will receive direct correspondence from the force if they wish to proceed the case to court.