Source · Select Committees · Justice Committee
Recommendation 28
28
Paragraph: 75
We acknowledge the policing Minister’s point about proportionality but are concerned that the review process...
Recommendation
We acknowledge the policing Minister’s point about proportionality but are concerned that the review process for covid-19 related fixed penalty notices was inconsistently applied by different police forces and unclear. For future use of fixed penalty notices the Government should ensure that the review process that enables an individual to challenge a notice without risking a criminal prosecution or incurring additional costs is clearly and consistently articulated.
Paragraph Reference:
75
Government Response
Not Addressed
HM Government
Not Addressed
As set out in the Government Response to the ‘Joint Committee on Human Rights’ (JCHR) Fourteenth Report of Session 2019–21. The Government response to COVID-19: fixed penalty notices’, where an FPN is issued by a police force recipients have the opportunity to contest throughout the process. In circumstances in which a recipient wishes to challenge an FPN, that individual can ask the issuing police force to review the case and it is at the discretion of the relevant force to consider whether to withdraw the FPN. If the force does not withdraw the FPN and the recipient opts not to pay it, the force will then consider whether to pursue a prosecution. It is made clear in the letter issued to those who receive an FPN that they can contest the penalty. Where a request to review an FPN is made, the police have no power to enforce payment, and so there are no consequences for the recipient against which they might appeal. A person can also judicially review the decision to issue an FPN. There are therefore a number of routes through which the penalty can be challenged.