Coronavirus: Disease Control

(asked on 18th June 2020) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what plans she has to provide a means for individuals to challenge Fixed Penalty Notices under the Health Protection (Coronavirus, Restrictions) Regulations (England) 2020 without having to pursue magistrates' court proceedings.


Answered by
Kit Malthouse Portrait
Kit Malthouse
This question was answered on 26th June 2020

As with all Fixed Penalty Notices (FPNs), there is no appeals process for those issued under the Health Protection Regulations.

An individual may decide not to pay the FPN and instead await a decision from the police and then the CPS as to whether criminal proceedings are bought. Such proceedings would provide an opportunity to contest the issuing of the FPN.

The CPS and Police will always need to be satisfied the public interest test is met before bringing a prosecution. Therefore, the CPS is continuously reviewing all of the charges brought, as these are exceptional powers being used.

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