Recommendation 11

Throughout the pandemic the police have used the 4Es approach: engaging with individuals who are not following the rules, explaining the rules to them and encouraging them to comply before moving on to enforce the law. The police utilise the 4 E’s approach so FPNs are issued after compliance has been encouraged. 2 https://news.npcc.police.uk/releases/independent-analysis-of-coronavirus-fines-published The government believes there are substantial safeguards in place around the issuing of FPNs, the majority of which are set at £200, or £100 upon early payment, with opportunities for individuals to also contest them where appropriate. Where enforcement of the restrictions is required, police forces in England have robust review procedures in place to ensure FPNs are issued in compliance with Public Health Regulations. Each FPN issued is subject to at least two evidential reviews before a person is prosecuted to ensure that it complies with the regulations and that there is sufficient evidence to meet the necessary threshold. When an FPN is to be issued, the vast majority of forces will undertake a discretionary initial force-level review before referring to the ACRO Criminal Records Office (the body that administers the FPN regime) where it is reviewed, ensuring compliance with regulations before the formal FPN is issued. The police have no power to enforce payment of an FPN, and so there are no consequences for the recipient against which they might appeal. It is a matter for the respective force to consider how to deal with any representations received in relation to an FPN. A person can however judicially review the decision to issue an FPN. If the recipient fails to respond to the original FPN letter within 28 days of it being issued, the originating force will conduct a final review. Where the originating force believes it has sufficient evidence to prosecute and that it is in the public interest to do so, it will issue Single Justice Procedure (SJP) proceedings. The recipient can plead guilty or contest where the burden of proof is on the prosecution to prove the breach. A recipient can also choose to ignore the SJP charge, which will result in the case proceeding via the SJP without their input.