Lockdown fines
Author
Discussion

elanfan

Original Poster:

5,527 posts

256 months

Monday 27th April 2020
quotequote all
My daughter, her boyfriend and his younger brother were approached by the police and all 3 given what they were told was a £30 fine for breach of lockdown. It’s been a fortnight today and none of them have heard anymore about it. Is there a 14 day limit as per speed camera fines does anyone know?

Daughter has a job as a key worker, she had grabbed some food from the shop where she works and her boyfriend picked her up and his brother had come along for the ride (all live in the same household). It would have been a 40 minute walk home in the dark for my daughter otherwise. They stopped to eat snd were going to go for a walk but were accosted by the police before they could do so. The police said they only gave the minimum fines as they’d been cooperative. Email addresses were input to the coos phone.

I wonder if they went back to the police station and the desk sergeant laughed at them and told them to drop it?

Fingers crossed


agtlaw

7,403 posts

235 months

Monday 27th April 2020
quotequote all
The 14 day ‘rule’ doesn’t apply. For info, it wouldn’t apply to a speeding case if stopped and warned about prosecution.

There isn’t a fine. Courts impose fines. Police officers don’t.

This is a fixed penalty case. The fixed penalty is fixed at £30 for a first offence (if paid within 14 days.) The amount has absolutely nothing to do with cooperation. The fixed penalty is £60 for a second offence, then £120, £240, £480 and capped at £960 thereafter.

28 days to pay the fixed penalty or court proceedings may follow.

I haven’t looked too closely at the consequences. If there’s a criminal record then that isn’t ideal for job applications, insurance, etc.


Edited by agtlaw on Monday 27th April 22:39

Bigends

6,156 posts

157 months

Monday 27th April 2020
quotequote all
agtlaw said:
The 14 day ‘rule’ doesn’t apply. For info, it wouldn’t apply to a speeding case if stopped and warned about prosecution.

There isn’t a fine. Courts impose fines. Police officers don’t.

This is a fixed penalty case. The fixed penalty is fixed at £30 for a first offence. The amount has absolutely nothing to do with cooperation. The fixed penalty is £60 for a second offence, then £120, £240, £480 and capped at £960 thereafter.

28 days to pay the fixed penalty or court proceedings may follow.

I haven’t looked too closely at the consequences. If there’s a criminal record then that isn’t ideal for job applications, insurance, etc.
Theyre not notifiable offences so dont get recorded as crimes by the Police. I dont believe they are recordable either - therefore wont be recorded on the PNC - but will need to check

Cpt Stirling

321 posts

230 months

Monday 27th April 2020
quotequote all
Correct me if I'm wrong but the Fixed Penalty Notice is £60, discounted to £30 if paid within 14 days. If it's not paid at all then prosecution may ensue, not for non-payment but for the original offence. If found guilty the level of fine is unlimited.

paintman

7,860 posts

219 months

Monday 27th April 2020
quotequote all
You said "all 3 given what they were told was a £30 fine for breach of lockdown".

Were they given a fixed penalty notice of some sort each - in which case I would expect what they need to do will be on the notice - or were their details taken & told they would be reported?


elanfan

Original Poster:

5,527 posts

256 months

Monday 27th April 2020
quotequote all
No fixed penalty notice given. Trying to get the full story out of monosyllabic kids is like pulling teeth. They just said they were asked to give their details and had to put their email addresses into the officers phones.

Apparently the two officers were not much older than my daughter and thought the whole episode was hilarious (whilst studiously ignoring social distancing.

Wait and see I guess.

agtlaw

7,403 posts

235 months

Monday 27th April 2020
quotequote all
Cpt Stirling said:
Correct me if I'm wrong but the Fixed Penalty Notice is £60, discounted to £30 if paid within 14 days. If it's not paid at all then prosecution may ensue, not for non-payment but for the original offence. If found guilty the level of fine is unlimited.
That’s only correct for a 1st offence. It doubles in the way I described.

Interestingly, it’s paid to the local authority rather than a police force.

I would have to check the fine level. I’d be surprised at level 5. From memory, level 3?



elanfan

Original Poster:

5,527 posts

256 months

Monday 27th April 2020
quotequote all
I guess chasing it up would be gross stupidity but at what stage would you think this has gone away?

Speed addicted

6,329 posts

256 months

Monday 27th April 2020
quotequote all
What actually happens with the fines then? Do you just get approached, fined and told to go home?

What if you were going somewhere, got fined then continued the journey rather than going home. Would you just be facing another potential fine or far more serious consequences?

ChocolateFrog

34,954 posts

202 months

Monday 27th April 2020
quotequote all
The whole thing's faintly ridiculous.

If you believe you're innocent, which I'd suggest a key worker commuting and buying food on the way home would seem do you have to ignore it and wait for any summons?

LosingGrip

8,852 posts

188 months

Tuesday 28th April 2020
quotequote all
elanfan said:
No fixed penalty notice given. Trying to get the full story out of monosyllabic kids is like pulling teeth. They just said they were asked to give their details and had to put their email addresses into the officers phones.

Apparently the two officers were not much older than my daughter and thought the whole episode was hilarious (whilst studiously ignoring social distancing.

Wait and see I guess.
Where they reported? Given the caution? (You do not have to say anything etc etc), if so id say they were reported and could get something in the post.

If not it could just be a warning and if they are out again without reason (I know what you've said) they can expect a fine.

Speed addicted said:
What actually happens with the fines then? Do you just get approached, fined and told to go home?

What if you were going somewhere, got fined then continued the journey rather than going home. Would you just be facing another potential fine or far more serious consequences?
For my force it's take their details, report them. Back at the nick it's a simple(ish) form to get the fine processed.

We don't issue any paperwork until the fine arrives in the post.

Mojooo

13,291 posts

209 months

Tuesday 28th April 2020
quotequote all
You should have the right of appeal anyway so can argue the toss later if you don't agree.

anonymous-user

83 months

Tuesday 28th April 2020
quotequote all
LosingGrip said:
For my force
Force not service?
I remember an arse in the fire service referring to her colleagues as subordinates.

anonymous-user

83 months

Tuesday 28th April 2020
quotequote all
These are not fines. No police officer can issue a fine. Only a court can issue a fine. A fixed penalty notice invites a person to pay an amount as an alternative to the possibility of prosecution. The recipient can opt not to pay, and it is then up to the police/CPS to decide whether to prosecute.

anonymous-user

83 months

Tuesday 28th April 2020
quotequote all
elanfan said:
My daughter, her boyfriend and his younger brother were approached by the police and all 3 given what they were told was a £30 fine for breach of lockdown. It’s been a fortnight today and none of them have heard anymore about it. Is there a 14 day limit as per speed camera fines does anyone know?

Daughter has a job as a key worker, she had grabbed some food from the shop where she works and her boyfriend picked her up and his brother had come along for the ride (all live in the same household). It would have been a 40 minute walk home in the dark for my daughter otherwise. They stopped to eat snd were going to go for a walk but were accosted by the police before they could do so. The police said they only gave the minimum fines as they’d been cooperative. Email addresses were input to the coos phone.

I wonder if they went back to the police station and the desk sergeant laughed at them and told them to drop it?

Fingers crossed
On the facts as stated the daughter and the boyfriend have committed no offence under the Restriction Regulations, but the boyfriend's brother has committed an offence. He had no reasonable excuse to leave the place he lives in. The daughter had the reasonable excuse of being on her way home from work. The boyfriend had the reasonable excuse of going to assist a person coming home from work who would otherwise have had to make a potentially unsafe walk.

If, however, this event had happened now, after the amendment to the Regulations, all three might have committed an offence when they stopped to eat (I assume in the car), as a person now needs a reasonable excuse to remain outside their home, and stopping to eat in the middle of a short car journey probably isn't one.

The key worker point is irrelevant. Anyone who cannot reasonably work from home can travel to and from work.

By the way, I am sceptical of the account of the facts given by the OP, who has based it on what little he has been told by one or more monosyllabic young people.

Cpt Stirling

321 posts

230 months

Tuesday 28th April 2020
quotequote all
Could it be that they refused to accept a FPN hence why the notices were not served there and then and details taken. The situation does sound odd. Why weren't they just advised to go home under the 4 'E's guidance; Engage, Explain, Encourage, Enforce?

anonymous-user

83 months

Tuesday 28th April 2020
quotequote all
If no FPN was issued, it would remain open to the police to prosecute within six months of the alleged offence, but I rather doubt that this will happen.

fourstardan

6,524 posts

173 months

Tuesday 28th April 2020
quotequote all
elanfan said:
My daughter, her boyfriend and his younger brother were approached by the police and all 3 given what they were told was a £30 fine for breach of lockdown. It’s been a fortnight today and none of them have heard anymore about it. Is there a 14 day limit as per speed camera fines does anyone know?

Daughter has a job as a key worker, she had grabbed some food from the shop where she works and her boyfriend picked her up and his brother had come along for the ride (all live in the same household). It would have been a 40 minute walk home in the dark for my daughter otherwise. They stopped to eat snd were going to go for a walk but were accosted by the police before they could do so. The police said they only gave the minimum fines as they’d been cooperative. Email addresses were input to the coos phone.

I wonder if they went back to the police station and the desk sergeant laughed at them and told them to drop it?

Fingers crossed
So why didn't YOU go and pick her up? Why did "brother" feel necessary to leave the house when he shouldn't be....

I hope you get the fine so this rubbish doesn't continue myself.


anonymous-user

83 months

Tuesday 28th April 2020
quotequote all
Why should the OP be fined? Neither he, nor his daughter, nor her boyfriend, committed an offence if the facts are as stated. The boyfriend's brother may have committed an offence, but it had zero impact on others if he stayed with the other two. I draw the inference that the OP's daughter does not live with the OP, so better for her boyfriend, who lives with her, to go and collect her from work than for the OP to do so.

Curb your authoritarian enthusiasm.

Edited by anonymous-user on Tuesday 28th April 07:42

PorkInsider

6,585 posts

170 months

Tuesday 28th April 2020
quotequote all
fourstardan said:
So why didn't YOU go and pick her up? Why did "brother" feel necessary to leave the house when he shouldn't be....

I hope you get the fine so this rubbish doesn't continue myself.
Because presumably the OP isn't a member of the same household as the 3 people involved?