Source · Select Committees · Human Rights (Joint Committee)
Recommendation 12
12
Accepted in Part
While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear...
Conclusion
While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear that an increase in the fines that can be imposed by way of FPN will have such an effect. Furthermore, the lack of oversight leaves open the risk that fines up to £500 may be imposed on the spot without justification, and potentially in breach of the proportionality required under the Human Rights Act. (Conclusion, Paragraph 86)
Government Response Summary
The government defends increasing Fixed Penalty Notice limits as an effective deterrent, and to address proportionality concerns, commits to updating statutory guidance to ensure fines are reasonable and proportionate, while also noting existing avenues for individuals to challenge penalties.
Government Response
Accepted in Part
HM Government
Accepted in Part
The measure to increase the upper limit for a Fixed Penalty Notice from £100 to £500 for breaches of PSPOs and CPNs was publicly consulted on in 2023, and received majority support as an effective deterrent to anti-social behaviour. The current £100 limit does not always carry enough weight to stop offenders from committing ASB. It is expected that the prospect of a higher fine will act as a stronger deterrent, and in many cases, in itself be enough to prevent ASB. Under existing legislation, relevant agencies may already issue FPNs of up to £500 for environmental offences, such as littering, graffiti and fly-posting. To address concerns about proportionality, the statutory guidance will be updated to emphasise the importance of local agencies ensuring fines remain reasonable and proportionate to the individual circumstances and severity of each case. Local agencies, in issuing a Fixed Penalty Notice for breach of a PSPO or a CPN must, as set out in legislation, give reasonably detailed particulars of the circumstances alleged to constitute the offence, among other specific requirements. Additionally, if an individual feels their fine is not reasonable or proportionate, they can make representations to the issuing agency on receipt of an FPN. Where an individual elects not to pay a penalty, they may defend their case in a magistrates’ court if they believe the penalty should not have been issued to them.