Fixed Penalty Notice in UK Law

Leading Cases
  • R v Gore (Raymond); R v Maher (Timothy)
    • Court of Appeal (Criminal Division)
    • 30 July 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 February 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.

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

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

    The statutory test is not whether applicants have previous criminal convictions — it is much wider in scope than that. 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.

  • Mark Richardson v The Chief Constable of West Midlands Police
    • Queen's Bench Division
    • 29 March 2011

    If a constable has reasonable grounds for suspecting that an offence has been committed, pursuant to Section 24(3)(b) he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it. However by Section 24(4) that power is exercisable only if the constable has reasonable grounds for believing that for any of the reasons set out in Section 24(5) it is necessary to arrest the person in question.

  • Florica Alina Dulgheriu v The London Borough of Ealing
    • Queen's Bench Division (Administrative Court)
    • 02 July 2018

    In the circumstances of this case, I do not doubt that there has been a significant interference with the rights of activists under Article 9, 10 and 11. I do not underestimate the seriousness of taking steps which are bound to conflict with that special degree of protection afforded to expressions of opinion which are made in the course of a debate on matters of public interest.

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Legislation
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Books & Journal Articles
  • Preventive justice: Exploring the coercive power of community protection notices to tackle anti-social behaviour
    • No. 24-3, July 2022
    • Punishment & Society
    • 0000
    Community Protection Notices (CPNs) are civil preventive orders used in England and Wales to prevent and/or require specific behaviour by an individual or organisation, where existing conduct has a...
    ... ... Breach of the notice results in a 100 fine under a Fixed Penalty ... ...
  • Fixed Penalty Notices as a Means of Offender Selection
    • No. 7-1, March 2005
    • International Journal of Police Science and Management
    • 0000
    This research assesses the capacity of fixed penalty notice (FPN) infractions to form the basis for targeted police attention to more serious or chronic offenders. Offences of this kind were associ...
    ... ... This research assesses the capacity of fixed pen- ... and victim targeting). Trends over the last ... alty notice (FPN) infractions to form the basis for ... decade have increasingly located responsi- ... targeted police attention to more serious or chronic ... ...
  • Court of Appeal
    • No. 73-5, October 2009
    • Journal of Criminal Law, The
    • 0000
    ... ... an offender from impos-ing a more severe penalty than that imposed initially. Whilst a SOPO ... ] EWCA Crim 1424Keywords Abuse of process; Fixed penalty notice; Public order;Sequential trialsOn ... ...
  • Release of Money Seized under the Drug Trafficking Act 1994
    • No. 63-6, December 1999
    • Journal of Criminal Law, The
    ... ... for Colombia, having received a formal notice of theseizureandof the application which would be ... a single parentwhohad been issued with a fixed penalty notice forstoppinghercar on a bus lane ... ...
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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 2002...
    ... ... 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 ... ...
  • The Rule Of Six
    • Mondaq UK
    ... ... unlawful gatherings and issue fixed penalty notices. For a first ... offence you can be given a fixed penalty notice of '200 ... (lowered to '100 if paid within 14 ... ...
  • Delegation Of Auto-Enrolment Responsibilities To Accountant Was No Reasonable Excuse For Employer's Compliance Failure
    • Mondaq UK
    ... ... Regulator's fixed penalty notice issued following an ... employer's ... ...
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Forms
  • Statutory declaration (Vehicle emissions) - Unpaid penalty charge
    • HM Courts & Tribunals Service court and tribunal forms
    Traffic Enforcement Centre forms, including the form to challenge an unpaid penalty charge notice.
    ... ... above are correctly entered from the Order for Recovery of unpaid fixed penalty notice ... You must then have the form sworn before a ... ...
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