Coronavirus: Police briefly suspend on-the-spot £10,000 Covid fines after ‘potential disparities’ found

Government accused of failing to provide forces with ‘workable Covid legislation’

Police forces across England and Wales were told last week to temporarily stop handing £10,000 on-the-spot fines to people holding gatherings of more than 30 people in breach of coronavirus restrictions – but will resume doing so on Wednesday.

The advice was issued by the National Police Chiefs’ Council (NPCC) on Friday to all police forces, after “potential disparities” were discovered in the amounts paid by different individuals.

The possible inequality was thought to arise between those who pay fixed penalty notices (FPNs) within 28 days and those who challenge the fines in court – where the sum owed is means-tested.

The NPCC said on Tuesday afternoon that it was “working urgently” with the government to address the issue, while one force said it would issue court summons to rule-breakers instead of instant £10,000 fines until the problem is resolved.

Kit Malthouse, the policing minister, was asked to provide “urgent” clarification by David Jamieson, the West Midlands police and crime commissioner, after the force stopped handing out fines last week in line with NPCC advice.

Mr Jamieson wrote to Mr Malthouse asking for a “rapid response” and to express his “extreme anger” that the legislation “wasn't properly thought-through”, claiming the government has failed to provide the police with “workable Covid legislation”.

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

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

Nottinghamshire’s Labour police and crime commissioner, Paddy Tipping, had described being “surprised at the guidance from the NPCC”, having received a written commendation from home secretary Priti Patel for overseeing the first region where a super-fine was issued.

But later on Tuesday evening, the NPCC issued an updated statement, advising forces to resume issuing £10,000 fixed penalty notices.

Following discussions with government, the issue of possible disparities “has been fully addressed”, the NPCC said.

“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 statement said.

"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."

A government spokesperson added: “The vast majority of the public have come together to fight this deadly disease, but the small minority who commit the most serious breaches should face tough enforcement action.

“It is right that we have a strong deterrent. We are working with forces to ensure people are fully aware of their options when faced with a Fixed Penalty Notice.

“If someone chooses not to pay their Fixed Penalty Notice, the matter may be considered by a court and the individual could be subject to a criminal conviction.”

Additional reporting by Press Association