Every lockdown fine should be reviewed as they are ‘muddled and unfair’, MPs say

By Group Reporter
Tuesday, 27th April 2021, 7:31 am
Police officers patrol the streets where customers are enjoying drinks at tables outside the pubs (Photo by Oli SCARFF / AFP) (Photo by OLI SCARFF/AFP via Getty Images)
Police officers patrol the streets where customers are enjoying drinks at tables outside the pubs (Photo by Oli SCARFF / AFP) (Photo by OLI SCARFF/AFP via Getty Images)

A group of MPs have said coronavirus fines are “muddled, discriminatory and unfair” and have called for a review into all of those issued under lockdown laws.

The system “criminalises the poor over the better-off” and no Covid-19 fine should result in a criminal record, the Joint Committee on Human Rights (JCHR) said.

A report by the group also set out concerns over:

- The inadequacy of the review and appeal process

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    - “Significant concerns” about the validity of the fines

    - The size of the penalties

    - The criminalisation of those who cannot afford to pay

    ‘The Government needs to ensure that rules are clear’

    Committee chairman Harriet Harman said: “Swift action to make restrictions effective is essential in the face of this terrible virus.

    “But the Government needs to ensure that rules are clear, enforcement is fair and that mistakes in the system can be rectified.

    “None of that is the case in respect of Covid-19 fixed penalty notices.”

    She acknowledged the “difficult job” police had in enforcing the rules during the pandemic, but warned there could be a larger number of wrongly issued fines because of a “lack of legal clarity”.

    Ms Harman added: “This means we’ve got an unfair system with clear evidence that young people, those from certain ethnic minority backgrounds, men, and the most socially deprived, are most at risk.

    “Those who can’t afford to pay face a criminal record along with all the resulting consequences for their future development.

    “The whole process disproportionately hits the less well-off and criminalises the poor over the better off.”

    Reiterating calls for the Government to “distinguish clearly between advice, guidance and the law”, she added: “Our inquiry has demonstrated that coronavirus regulations are neither straightforward nor easily understood either by those who have to obey them or the police who have to enforce them.

    “With fixed penalties of up to £10,000 awarded irrespective of the individual’s financial circumstances, there is much at stake.

    “The Government needs to review the pandemic regulations and create new checks and balances to prevent errors and discrimination.”

    Coronavirus rules ‘changed 65 times since March 2020’

    Coronavirus rules have changed at least 65 times since March 2020, providing “obvious challenges for police”, according to the report, and more than 85,000 fixed penalty notices have been issued in that time.

    “It is possible to tell from penalties that have not been paid and have then progressed through the system towards a prosecution, that a significant number of FPNs are incorrectly issued,” the committee said.

    The findings highlighted a Crown Prosecution Service (CPS) review of prosecutions brought under coronavirus regulations that reached open court, which found in February 2021 that 27% were incorrectly charged.

    The report added: “It is astonishing that the Coronavirus Act is still being misunderstood and wrongly applied by police to such an extent that every single criminal charge brought under the Act has been brought incorrectly.

    “While the coronavirus regulations have changed frequently, the Act has not, and there is no reason for such mistakes to continue.”