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Hi, I'm new to all things legal i'm afraid but I could really do with some help with regards to being fined and charged for breaking Covid19 restrictions. It's my son who is being charged and i'm trying to help as i'm petrified he's going to end up with a criminal record. He was issued with a fixed penalty notice but he wanted to dispute it due it being incorrect. The only way to do this was to not pay the fine and ask for it to be taken to court, which it now has. However, we didn't realise that by doing this he could end up with a criminal record. Can anyone advise please?
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If found guilty there wlil be a much bigger fine and it will potentially stay on his record though I am unclear how long or how this aspect of the covid regulations works - perhaps someone who knows more will comment. Does he have a good reason to dispute it? What is his defence? Have you spolen to a solicitor? Has it been listed at mags court? -
His defence is the fact that himself and his friend were both fined but for different charges and different amounts, they were together in the same place at the same time in the same room but interviewed by two different officers, He isn't wanting to dispute the fact he was there but he was fined £800 due to there apparently 15 people or more there ( this was not the case ) his friend was fined £200 as there were less than 14 people there.
He only wanted to challenge the actual details and would have paid the lesser correct fine. He received a charge letter but this didn't appear to be for the same offence -same occurrence though just different details so he is unclear which charge he is now being pursued for.
He hasn't spoken to a solicitor as he has only just received a letter advising " Summons on Referral to court which is to take place on 9th Feb. This states it is for a case management hearing.
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ah OK - my advice would be to go and get some advice. He can enter a plea at that stage and everything can be sorted out. Given that this may affect his future I think I would go and get a free appointment with a solicitor and find out how much it will cost to be represented.Comment
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Can't add directly, but some helpful pointers here -
https://www.libertyhumanrights.org.u...nal-penalties/Comment
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ECHAT11 Thanks for that information, there is a very interesting point on the regarding the timescales
"Put simply, if you failed to pay a fixed penalty notice within 28 days, the police or CPS would then have 6 months in which to charge you with a breach of the coronavirus regulations."
The date of the offence was 27-02-2021. The fixed penalty notice was issued on 26-03-2021. 28 days from this being 23rd/24th April. 6 months from that being 24th October but the date of posting of this Notice I have received is 26-11-2021 ( over 7 months )
Is there any formal legislation I can get proof of the timescale regulations that you are aware of? If this information is correct then it should automatically be cancelled do to not being charged within the 6 months.Comment
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Thank you, I'm lost in it already. I do appreciate your help though
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Yes I agree, very daunting trying to find the relevant information. I would just love to see where that statement I quoted before about the timescales actually comes from as it completely wipes out the charge if it is correct.Comment
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Don't know where you obtained "CPS would then have 6 months in which to charge you with a breach of the coronavirus regulations" but usually that 6 month time limit is applicable to the police/CPS laying information before the courts and the summons can be issued after that date.
As islandgirl obtain professional advice. Search round for legal aid solicitor and he could well have at least a free initial consultationComment
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The act reads
4ATime limits for prosecutions
(1)Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980, a magistrates' court may try an information (or written charge) relating to an offence created by or under this Act if the information is laid (or the charge is issued)—
(a)before the end of the period of 3 years beginning with the date of the commission of the offence, and
(b)before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge.
(2)For the purposes of subsection (1)(b)—
(a)a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact, and
(b)a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.]
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I'm sorry if i'm sounding stupid now but the date of the offence was 27-02-2021.
The fixed penalty notice was issued on 26-03-2021. 28 days from this being 23rd/24th April. 6 months from that being 24th October but the date of posting of this Notice he received is 26-11-2021 ( over 7 months )
Am I right in thinking that this means the charge was not issued within the correct period of time?
(b)before the end of the period of 6 months beginning with the date on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to the prosecutor's knowledge.
Surely the evidence needed to justify proceedings would have been the date of the offence? Or am I completely misunderstanding this.
your help and advice is very much appreciated.Comment
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