Payment Outcomes of Police Fixed Penalty Notices registered by the Scottish Courts and Tribunal Service during the Coronavirus Pandemic

This data report was produced to assist and inform the deliberations of the Independent
Advisory Group (‘the IAG’) on Police Use of Temporary Powers related to the Coronavirus Crisis
in Scotland. The IAG was established by the Scottish Police Authority (SPA) in April 2020, under
the chairmanship of John Scott QC Solicitor Advocate, to provide additional scrutiny of policing during the course of the pandemic in Scotland. One of three priority areas for scrutiny identified by the IAG was public acceptability of the new powers. It was agreed that payment outcomes for FPNs issued under the Regulations (Covid FPNs), and how these compared to payment outcomes for FPNs issued in relation to antisocial behaviour (ASB FPNs), should be studied to provide insights into the impact of these new financial penalties. Payment outcomes were also considered a useful proxy measure of the perceived legitimacy of the new powers amongst members of the public.

The key findings of the study were as follows:
x While FPN payments were delayed, especially during the early months of the pandemic,
there is no evidence of a long term detrimental impact on payment outcomes when
compared to previous years.
x Differences in payment patterns for Covid and ASB FPNs suggest that recipients of the
former were generally more willing and/or able to pay their fines, and may have included a
higher proportion of people from more affluent social backgrounds.
x Payment patterns for Covid FPNs suggest as much, if not more, public acceptance of the
Coronavirus Regulations as existing anti-social behaviour legislation.
x The offer of a discounted early payment for Covid FPNs may have incentivised or ‘nudged’
people to pay, in contrast to the threat of a late payment penalty for ASB FPNs.
x Non-payment of repeat Covid FPNs raises serious questions about the legitimacy and
fairness of an incremental fining structure which disproportionately penalised those who
were least willing and/or able to comply with the Regulations.
x The absence of scrutiny or equality assessment surrounding the introduction of the
Coronavirus Regulations, and the lack of any ongoing debate or evaluation of the potential
impact of this legislation on those most likely to be subject to it, is a matter of concern.
x The possibility of issuing tickets in error was recognised from the outset and monitoring was
in place to identify those that were not, although the data on rescinding provides
reassurance that most fines were issued in line with the Regulations.
x While there were limitations to the data used in this report, they are valuable in supporting
a rights based approach to scrutiny of the temporary policing powers.