What is a fixed penalty notice?

Fixed penalty notices (FPNs) have been issued to people who have broken Covid restrictions in England. FPNs are an enforcement tool, which allow people to pay a penalty instead of being prosecuted and potentially face a criminal record.

Their use has been common in the UK since the 1950s to deal with minor infractions such as road traffic offences. Serious offences, which can result in prosecution and prison, such as drink-driving, are dealt with through the courts, rather than through FPNs.

Can you appeal Covid FPNs?

There is no formal process to appeal or dispute FPNs without going to court.

If you refuse to pay the fine within 28 days, you can be charged with breaching coronavirus regulations by the Crown Prosecution Service and summoned to court. There, you can mount a defence during criminal prosecution.

Alternatively, you can request a court appearance if you want to argue that a notice was wrongly issued.

However, if unsuccessful in justifying your defence, this will result in a conviction, a criminal record, and the obligation to pay any unlimited fine awarded by the court.

A report by the Parliamentary Joint Committee on Human Rights said it would seem likely that for most people, “the stress of a criminal prosecution combined with the significant life impacts of a criminal conviction” would mean they would rather receive a Covid fixed penalty notice – even an “unjustified” one – than attempt to contest it.

Do FPNs result in a criminal record and show up on DBS checks?

If you pay the FPN within 28 days, all liability for the offence is discharged and it should not form part of your criminal record.

However, if a person does not pay their fine and is prosecuted, then they risk a criminal record.

A conviction resulting in a fine is considered spent one year from the date of the said conviction, meaning it will not show up on a basic DBS check after this date. However, they will continue to show up on standard and enhanced DBS checks for jobs that require extra security vetting. Jobs that require extra vetting include doctors, carers and driving instructors. Civil servant jobs require a basic DBS check.