Fixed Penalty Notice in UK Law

Leading Cases
  • R v Gore (Raymond); R v Maher (Timothy)
    • Court of Appeal (Criminal Division)
    • 30 Julio 2009

    The penalty notice scheme provides a useful method for dealing with low level crime, for example, the sort of public disorder which occurs in city centres at night, which is troublesome and anti-social, without involving serious criminality. Payment of the penalty involves no admission of guilt on the part of the person to whom it is given, nor does it create a criminal record. These are important limitations.

    There is a great deal of force in the judgment of the Divisional Court in Guest v Director of Public Prosecutions [2009] EWHC 594, where the Director of Public Prosecutions was directed to reconsider a decision that a potential defendant should be prosecuted for assault occasioning actual bodily harm, when he had been given an inappropriate conditional caution for the offence.

  • R v Feltham Magistrates Court, ex parte Ebrahim ; Mouat v DPP
    • Queen's Bench Division (Administrative Court)
    • 21 Febrero 2001

    If, in such a case, there is sufficient credible evidence, apart from the missing evidence, which, if believed, would justify a safe conviction, then a trial should proceed, leaving the defendant to seek to persuade the jury or magistrates not to convict because evidence which might otherwise have been available was not before the court through no fault of his. Often the absence of a video film or fingerprints or DNA material is likely to hamper the prosecution as much as the defence.

  • Harun Mansoor Sharif v Birmingham City Council
    • Court of Appeal (Civil Division)
    • 10 Noviembre 2020

    No point was taken in the court below about whether the original grant of the injunction against persons unknown and the provision for service by advertisements and prominent local notices was open to challenge. Since the order was first made, this question has been considered (though not in relation to an injunction of the same type) in this court in Ineos Upstream Limited v Persons Unknown [2019] 4 WLR 100 and Canada Goose UK Retail Ltd v Persons Unknown [2020] 1 WLR 2802.

  • Poloko Hiri v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 18 Febrero 2014

    In my judgment, in deciding whether an applicant for naturalisation meets the requirement that "he is of good character", for the purposes of the British Nationality Act 1981, the Defendant must consider all aspects of the applicant's character. In principle, an applicant may be assessed as a person "of good character", for the purposes of the 1981 Act, even if he has a criminal conviction.

  • Isle of Wight Council v Platt
    • Queen's Bench Division (Administrative Court)
    • 13 Mayo 2016

    The magistrates did not err in law in taking into account attendance outside the offence dates 13 April to 24 April 2015 as particularised in the summons when determining the percentage attendance of the child.

  • R (Oxfordshire Couty Council) v The Bus Land Adjudicator and Another
    • Queen's Bench Division (Administrative Court)
    • 26 Abril 2010

    I have concluded that the Adjudicator and the Chief Adjudicator fell into error in concluding that the signage was inadequate in not giving notice that the rationale or basis of this prohibition was a bus lane. I accept the Council's submission that the duty to place signs providing adequate information as to the effect of an Order requires notice of the prohibition and not notice that it was a prohibition because the prohibited area is a bus lane (and it is therefore civilly enforceable).

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Books & Journal Articles
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Law Firm Commentaries
  • TalkTalk Loses Appeal Against £1,000 fine at the Information Tribunal
    • JD Supra United Kingdom
    Telecoms service provider TalkTalk has lost an appeal against it for a £1,000 fixed penalty after the Information Commissioner’s office (ICO) ruled it had failed to report a personal data breach wi...
    ...... has lost an appeal against it for a £1,000 fixed penalty after the Information Commissioner’s ... breach within the required 24 hours’ notice period. On 17 February 2016, the ICO sent a ......
  • CMA Imposes Fixed Penalty on Hungryhouse for Failure to Comply With Information Request
    • JD Supra United Kingdom
    The Competition & Markets Authority (CMA) has imposed a £20,000 fixed penalty on Hungryhouse Holdings Limited (Hungryhouse). The CMA imposed the penalty under Section 110 of the Enterprise Act ...
    ...... under Section 110 of the Enterprise Act 2002 (EA02) for failure to comply, without reasonable excuse, with a requirement the CMA issued in a notice pursuant to section 109 EA02 dated 31 May 2017 (the First s.109 Notice). The CMA imposed the penalty on Hungryhouse on 22 November 2017, following ......
  • COVID-19: Safety, Health And Environment Regulatory: Restrictions, Enforcement Powers And Penalties
    • Mondaq UK
    ...... a reasonable instruction or a prohibition notice. given by a relevant person under Regulation 8. ...b) to maintain public order. Fixed penalties. Under Regulation 10, an "authorised ..." in Regulation 8(12), may issue a fixed penalty. notice to anyone that the authorised person ......
  • Automatic Enrolment: Regulator Issues First Penalties
    • Mondaq UK
    ...... three employers has been given a £400 fixed penalty notice and would have first received a ......
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