Police SUSPEND on-the-spot £10,000 Covid fines

Police suspend £10,000 on-the-spot Covid fines and say all flouters should now go to court for means-testing before paying any penalties

  • The National Police Chiefs’ Council said officers will not be giving out the fines
  • The move comes amid fears of ‘inequalities’ in the fixed notice penalties system
  • Flouters will instead get a summons to a magistrates’ court and be means tested
  • It could see them paying less than the £10,000 or having more time to pay back
  • Have YOU been fined £10,000? Email: james.gant@mailonline.co.uk

The Government’s policing minister has been asked to provide ‘urgent’ clarification after the issuing of so-called £10,000 ‘super-fines’ for lockdown rule-breakers was suspended.

West Midlands Police’s chief constable said the force stopped handing out the fines ‘last week’ after concerns were raised about potential inequality between those who pay up within 28 days, and those who challenge the notices in court.

When fines go to court they are means-tested, meaning the recipient’s ability to pay is taken into account.

Labour’s West Midlands regional police and crime commissioner David Jamieson said the move had come about following advice being issued by the National Police Chiefs’ Council (NPCC).

He has now written to policing minister Kit Malthouse for a ‘rapid response’, claiming the Government had failed to provide the police with ‘workable Covid legislation’.

Nottinghamshire’s Labour police and crime commissioner, Paddy Tipping, said he was ‘surprised at the guidance from the NPCC’, having received a written commendation from Home Secretary Priti Patel for being the first force to issue a super-fine.

Meanwhile, Mr Jamieson said he also found the situation ‘deeply embarrassing’ personally, having himself been an ‘enthusiastic’ supporter of the introduction of tough rules.

The National Police Chiefs' Council (NPCC) said officers will not be dishing out the fixed notice penalties amid the 'inequalities' (file photo)

The National Police Chiefs' Council (NPCC) said officers will not be dishing out the fixed notice penalties amid the 'inequalities' (file photo)

The National Police Chiefs’ Council (NPCC) said officers will not be dishing out the fixed notice penalties amid the ‘inequalities’ (file photo)

Explaining the decision at a meeting of the West Midlands strategic policing and crime board on Tuesday, the force’s chief constable David Thompson called it ‘unfortunate’ while adding alleged rule-breakers would get a court summons instead.

The force has already issued 13 of the fines, reserved for the most serious social-distancing breaches.

Mr Thompson, who is also a vice-chairman of the NPCC and its lead on finance matters, said: ‘I think it’s unfortunate.

‘It is unhelpful this issue has arisen, but actually there is still legislation.

‘The point I would make to the public is we will carry on enforcing this area of the law.

Labour's West Midlands regional police and crime commissioner David Jamieson said the move had come about following advice being issued by the National Police Chiefs' Council

Labour's West Midlands regional police and crime commissioner David Jamieson said the move had come about following advice being issued by the National Police Chiefs' Council

Labour’s West Midlands regional police and crime commissioner David Jamieson said the move had come about following advice being issued by the National Police Chiefs’ Council

‘The difference is it won’t be a ticket, it will be through a summons.’

Mr Thompson, who said the force had also been ‘a very strong supporter’ of the tough measures, was asked to shed light on the suspension by the commissioner during the meeting.

He said the £10,000 amount was ‘unusual’ for a fixed penalty notice (FPN), and it was the large fine amount where a concern had arisen.

Mr Thompson said: ‘The issue is – last week – the fixed penalty notice was suspended and that is because of the debate over the means by which the person can meet the cost of that fine would normally be assessed by a court.

‘The level (of fine) is so high there is a concern emerging that actually levying through a fixed penalty is problematic.

‘So the force has moved to a position where we will report people for a summons for this particular offence and they’ll go to court through that route.’

He added that the force had employed a ‘very tight policy’ around issuing the super-fines, ‘because we have been very conscious a £10,000 levied fine is substantial’.

‘We have never issued tickets where we don’t have a considerable amount of evidence,’ he added.

Mr Jamieson also asked what the situation was for those fined who had already paid, asking ‘if they will be getting a rebate’ or ‘go to court retrospectively’, and those who had not yet paid.

However, the chief constable was unable to answer those queries.

The commissioner said: ‘The fact we were enthusiastic about helping the Government in enforcing the Covid legislation I have to say for myself – and I have been supporting it as well – is deeply embarrassing now that we have found that the legislation has been found wanting.

‘It hasn’t been properly thought-through.

‘It has led to what I consider to be a deeply embarrassing situation and I think has in some way actually undermined some of the work our excellent officers are doing.’

He added: ‘I have written to the policing minister expressing my extreme anger this legislation wasn’t properly thought-through and led us into the position we were in today.’

The NPCC and the Home Office have both been approached for comment.

It comes after police shut down three illegal parties in one night across Merseyside this week.

Officers were called to three properties over the weekend and slapped organisers with fines following the breach of coronavirus lockdown regulations.  

Twenty-seven revellers were issued with fixed penalty notices at a rental property on Lace Street, Liverpool City Centre, on Saturday at 6.10pm after reports of a party. 

Twenty-seven revellers were issued with fixed penalty notices at a rental property on Lace Street, Liverpool City Centre, (pictured, stock image) on Saturday at 6.10pm after reports of a party

Twenty-seven revellers were issued with fixed penalty notices at a rental property on Lace Street, Liverpool City Centre, (pictured, stock image) on Saturday at 6.10pm after reports of a party

Twenty-seven revellers were issued with fixed penalty notices at a rental property on Lace Street, Liverpool City Centre, (pictured, stock image) on Saturday at 6.10pm after reports of a party

Police were also called to a gathering at a property at 12.20am on Oldham Street, Liverpool, (pictured, stock image) where two fixed penalties were issued

Police were also called to a gathering at a property at 12.20am on Oldham Street, Liverpool, (pictured, stock image) where two fixed penalties were issued

Police were also called to a gathering at a property at 12.20am on Oldham Street, Liverpool, (pictured, stock image) where two fixed penalties were issued

Police were also called to a gathering at a property at 12.20am on Oldham Street, Liverpool, where two fixed penalties were issued.  

Seven people on-board a moored boat on Coburg Wharf, Liverpool City Centre, were issued with fixed penalty notices and a quantity of Class A drugs were seized. 

Police were called to the boat at 7am following reports that a party was taking place.

The value of the fine is dependent on a number of factors including when the fine is paid and the number of offences committed, but can be up to £10,000. 

Superintendent Diana Pownall told how Merseyside Police are ‘seeing an increased number of reports from members of the public in relation to these illegal gatherings’.

She said: ‘We are seeing an increased number of reports from members of the public in relation to these illegal gatherings which shows how annoying and frustrating it has become for those who are abiding by the law when they see people blatantly ignoring it.

‘We have all had special occasions which we have had to postpone or adapt during the Coronavirus restrictions and lockdown. 

‘These people are no different than the rest of us but their selfish actions suggest that they think they are above the law.

Seven people on-board a moored boat on Coburg Wharf, Liverpool City Centre, were issued with fixed penalty notices and a quantity of Class A drugs were seized

Seven people on-board a moored boat on Coburg Wharf, Liverpool City Centre, were issued with fixed penalty notices and a quantity of Class A drugs were seized

Seven people on-board a moored boat on Coburg Wharf, Liverpool City Centre, were issued with fixed penalty notices and a quantity of Class A drugs were seized

‘The law is clear – people should not be gathering in groups with people who are not in their own household or support bubble. The restrictions are in place for a reason – to ensure that we can stop the spread of the virus and keep ourselves, our loved ones and other people safe.

‘We have constantly sought to engage and explain to the public what the restrictions mean – and as always we would like to thank the people who have done what has been asked of them.

‘With our partners we are here to keep everyone safe and we make no apologies for taking action when people choose to break the law.’ 

Merseyside and Greater Manchester have seen their coronavirus figures rocket over the past month.

There have been 226,434 confirmed cases of coronavirus in the North West of England since the start of the pandemic.

It has seen the highest number of Covid cases in the nation, reaching 416.1 per 100,000 people, last week. 

The chiefs’ warning: Open letter promising to crackdown on those flouting Covid rules

As the Police Chiefs responsible for the North West we have seen first-hand the misery the pandemic has caused, but we have also seen great support from the majority of our communities. 

We have tried to ensure we have maintained the principle of policing with consent, that sets apart policing in this country from other parts of the world. 

Along with police forces nationally, we have taken a very measured approach to enforcement from the start of the pandemic, recognising the restrictions placed on all our lives were unprecedented. 

We used the 4E’s model of Engage, Explain, Encourage and only as a last resort Enforce, in relation to issuing Fixed Penalty Notices for breaching the Coronavirus legislation. 

Sadly we have seen a minority right across the North West who seem incapable of demonstrating any civic responsibility and complying with the regulations. 

We know from focus groups and regional insight work the majority of the public would wish to see the Police Service taking a consistent and robust approach to enforcement. 

Since local restrictions have been necessary across large parts of the North West we have taken a firmer stance on enforcing the restrictions, moving more quickly to issuing Fixed Penalty Notices for those deliberately flouting the law and putting lives at risk. 

As we head into further significant restrictions from 00.01 on Thursday 5 November 2020 we wanted to give these collective messages: 

To the majority of our communities who have tried so hard to comply with restrictions, please carry on. 

We know how hard this is, but we need to maintain that shared purpose we had in the first lockdown to defeat the virus and, ultimately, save lives. 

To the minority who feel the restrictions don’t apply to them be prepared to face the consequences of greater levels of enforcement. 

We will collectively target those who flout the restrictions, particularly those organising large gatherings and music events, repeatedly holding parties or deliberately causing harm to our communities by not following the restrictions, such as self-isolating where necessary. 

Where we have issued Fixed Penalty notices a significant proportion of recipients think they can ignore them. 

We are therefore seeking support from Government and the Judiciary to consider how we bring these people to justice rapidly. 

Let us all do everything we can to get through this most awful of times and prevent any further suffering across the North West. 

Yours sincerely, Darren Martland, Chief Constable Cheshire Constabulary; Michelle Skeer, Chief Constable, Cumbria Constabulary; Ian Hopkins, Chief Constable Greater Manchester Police; Andy Rhodes, Chief Constable Lancashire Constabulary; Andy Cooke Chief Constable Merseyside Police 

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