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03 June 2022 / Neil Parpworth
Issue: 7981 / Categories: Features , Constitutional law , Criminal , Public
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Fixed penalty notices: blurring the lines?

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Neil Parpworth reports on fixed penalty notices for COVID offences: have they muddied the waters between civil & criminal penalties?
  • When defending Boris Johnson after he received a fixed penalty notice (FPN) for breaking COVID restrictions, some suggested that such civil penalties, once paid, eliminate the possibility of future prosecution in the criminal courts, and do not represent an admission of guilt.
  • There are inherent difficulties with a scheme which enables criminal conduct to go unpunished by the courts, while at the same time permitting a suspect to contend that paying a FPN was borne of their desire to put the matter behind them, rather than because they genuinely accept that they have done anything wrong..

After Parliament reconvened following the Easter recess, the prime minister Boris Johnson made a statement to the House of Commons in which he sought to update it on events which had been occurring both home and abroad. While there was much mention of Ukraine, the prime minister also sought to explain ‘in all humility’ that he had been the recipient

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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