Police chiefs reinstate on-the-spot £10,000 Covid fines after four day suspension amid fears over legal challenge

Police chiefs temporarily uspended the on-the-spot £10,000 Covid “super-fines” amid fears of legal challenges over the lack of means testing of offenders.

The National Police Chiefs’ Council (NPCC) halted the £10,000 fixed notice penalties on Friday because of concerns about “inequalities” as those choosing to go to court could escape with paying less or spreading the debt over a longer period.

All offenders breaching the rules on gatherings were instead issued with summons requiring them to appear before magistrates where means-testing could result in them forking out less than the £10,000 or given more time to pay after means-testing.

The move was however reversed late on Tuesday night after  David Jamieson, the police and crime commissioner in the West Midlands, wrote to the Government seeking urgent clarification of the regulation from ministers.

West Midlands police stopped issuing the £10,000 fixed penalty notices last week and has instead been sending people straight to court instead.

In a letter to Kit Malthouse, the policing minister, blamed the move on “concerns of inequalities” between those who paid on the spot and those who chose to challenge the fine in court.

“The fact that the Government has failed to provide hard working police officers with workable Covid legislation, I view with utter dismay,” he added. “I feel thoroughly embarrassed that I have been personally supporting the Government’s actions, which at best, are questionable.”

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.

More than 60 £10,000 fines had been issued by the middle of October for gatherings of more than 30 people including raves, protests and private parties. Breaches of quarantine or self-isolation carry similar penalties, raising the prospect of retrospective legal challenges.

Michael Gardner, of law firm Wedlake Bell, who has led legal challenges over the lockdown, said the disparity in treatment “does seem unfair,” although he acknowledged the police could argue that anyone was free to challenge the fine in court.

“There is nothing to stop someone from petitioning the court and say: ‘It’s unfair. Look at me I have been fined and paid it.’ Whether that succeeds is another matter,” he said.

The NPCC last night  reversed its new advice to say on the spot fines after agreeing a compromise where anyone issued with an on the spot fine would be told that they can go to court so that their ability to pay is means-tested. It denied the decision was linked to fears of legal challenge.

An NPCC spokesman said: “Following discussions with government, the issue we flagged last Friday has been fully addressed, and forces are advised that they can resume issuing £10,000 FPNs where appropriate.

“People found to be in breach of the regulations relating to gatherings of over 30 people will be made fully aware of their options when faced with a £10k FPN, to ensure fairness.

“The option of Summons will remain available to officers, as it always has been, should the unique circumstances of a case mean that this is the most appropriate course of action. However, the vast majority of cases can be dealt with by way of FPN.@

The controversy came as lawyers branded the Coronavirus regulations a "mess" after figures suggested thousands of fines have gone unpaid or were withdrawn after being challenged.

Data obtained by the PA news agency under freedom of information laws indicated more than three in five coronavirus fines have gone unpaid in some parts of the country.

Thousands of fines have been rescinded by police forces after being issued.   Lawyers and campaigners said the figures illustrated how chaotic the laws governing Covid-19 restrictions had become, calling for a review of the process to make sure powers were being used fairly.

Lawyer Raj Chada, head of the criminal defence department at Hodge Jones & Allen, said: "The mess of Covid regulations know no bounds. Criminal law should be clear, certain and widely adhered to - otherwise it becomes arbitrary and unfair. These figures show that and worse - the situation is a farce."