Fixed penalty notice review concluded in Derbyshire

A review into fixed penalty notices issued by officers from Derbyshire Constabulary last week has now concluded.

Chief Constable Rachel Swann said: “I can confirm that a review into fixed penalty notices (FPNs) issued by my officers last week has been completed.   Two fixed penalty notices that were handed to two women who had travelled to Foremark Reservoir on Thursday have been withdrawn and we have notified the women directly, apologising for any concern caused. 

“I support the fact that the officers were trying to encourage people to stay local to prevent the spread of the virus.  This is a responsibility for all of us.  All of our FPNs issued in conjunction with the Covid guidance are subject to review.  Having received clarification of the guidance issued by the National Police Chiefs’ Council (NPCC) on Friday, these FPNs as well as a small number of others issued, were reviewed in line with that latest advice, and so it is right that we have taken this action.

“We have been working hard to understand the ever-changing guidance and legislation and to communicate this to our officers in a way that makes it clear what is the right course of action to take.  At present there is no clear limit as to how far people can travel to exercise, but Government guidance strongly requests people do not leave their local area.  We all have a responsibility to follow both the regulations and the guidance put in place to protect the NHS and save lives, and I would expect my officers to continue to take the four Es approach; to engage, explain, encourage, and enforce, to help us to keep them and their communities safe.

“It is important to note that the force has received complaints from residents living in some scenic parts of Derbyshire asking that we carry out activity to stop others travelling to the area because it becomes more crowded for local people.  Our activity is aimed to address these concerns and to remind people to stay local. We will continue to show a visible presence in these areas and encourage people to comply with the guidance.”  

Derbyshire Police and Crime Commissioner Hardyal Dhindsa added: “I welcome the Force’s readiness to review these Fixed Penalty Notices and to subsequently rescind them.   While the police are doing their absolute best to protect public safety during what is a critical time of the pandemic, the public should rightly expect a proportionate and balanced approach, taking full consideration of individual circumstances.  

“We recognise that errors will occur in the face of complex guidance and legislation and it is important such situations are resolved quickly and fairly, as has been the case here.  There is certainly a need for clearer direction on how the new regulations should be applied in the real world. 

“I am pleased an apology has been made at the earliest opportunity and I am sure the Force will learn lessons from this incident.  However, it is vital people not only abide by the law, but they also enter into the spirit of lockdown and recognise the full seriousness of this emergency. This means minimising travel and only leaving the home for essential purposes to protect lives and NHS services and where people wilfully break the regulations, then they should expect a Fixed Penalty Notice.”

Previously, PCC Dhindsa had said: “On the face of things and based on what I have been told so far, it would appear that the force has been a little over-zealous in its interpretation of the guidance. It’s important to recognise that there are regulations and there is guidance.  While the police can enforce the regulations, guidance is just that which can make this a very challenging and complex situation to police."

The vast majority of people in Derbyshire are doing their best to stick to the rapidly changing laws and follow the guidance.  I thank them for that.  It is essential that we all behave responsibly to curb the virus and save lives.

I think the police are doing their best in very difficult circumstances and I expect that the force will learn from these incidents and where they are wrong they will recognise that, and work to put things right.   I welcome the statement from the NPCC which will help operational police officers to undertake their difficult role in as balanced and proportionate way as possible.”