[Richie Allen]: Jacob Rees-Mogg has called for a debate on the use of fixed penalty
notices (FPN’s) arguing that they go against British tradition. The
Brexit Opportunities Minister said that FPN’s assume a person is guilty
until they prove their innocence.
According to The Telegraph:
Mr
Rees-Mogg, a staunch ally of Boris Johnson who dismissed the row around
lockdown-busting Downing Street parties as “fluff”, said the fines
risked unintended consequences.
A fixed penalty notice (FPN) is
an alternative to prosecution at a magistrate’s court and is often
applied for parking and speeding behaviour offences, as well as being
used for antisocial behaviour and breaches of Covid rules during the
pandemic.
Rishi Sunak, the Chancellor, and Mr Johnson both
received £50 FPN from the Metropolitan Police for breaches of
coronavirus restrictions last month.
There is no legal
requirement to interview a suspect before a decision is made to issue an
FPN, but police are still obliged to give a suspect the opportunity to
answer allegations against them.
Mr Rees-Mogg, the minister for
Brexit opportunities, told the Sun: “If we go back to the 1980s, when
fixed penalty notices were debated at the time, there was an argument
made in the House of Commons that they reverse the traditional British
burden of proof argument.
“That you are guilty until proven innocent because you have to go to court to get it set aside.
“I
think you always need to look at how things have worked when they’ve
been going for some decades to see whether the intended consequences are
what was expected.”
Speaking to the Sun newspaper, Mr Rees-Mogg
added FPNs “assume you’re guilty until you prove your innocence” and
described this as “problematic if you’re the constitutional balance”.
Accepting
the system was widely deemed “proportionate” for low-level offences, he
asked: “Is it possible [that] society will want to reopen that? Yes, it
is.”
The options available to anyone who receives an FPN are to
either pay it in full – as both Mr Johnson and Mr Sunak did – or
challenge it at a magistrate’s court.
But an unsuccessful challenge can result in a criminal record and the obligation to pay any unlimited fine issued by a court.
A
total of 124,626 FPNs were given out during the pandemic for offences
including hosting an illegal gathering and refusing to wear a face mask,
data showed in March.
More than 40 per cent fines are still
thought not to have been paid, with Mr Johnson’s fine leading to calls
for a wider amnesty.
FPN’s are a massive scam. Councils use them
to defraud the public out of hundreds of millions of pounds a year.
They pay private firms to go about fining people for all manner of
misdemeanours. It’s racketeering.
However, I’d rather Rees-Mogg focused his attention on the unprecedented assault on civil liberties during the scamdemic.
He
should be working to introduce legislation that would make it illegal
for any government, ever, to lock down society and order people to
remain in their homes.