Appeals over defective Covid-19 fixed payment notices dismissed as prosecutions may proceed

The Court of Appeal dismissed appeals brought by two individuals challenging the validity of fixed payment notices (FPNs) issued to them under emergency public health regulations during the Covid-19 pandemic, which had allegedly failed to specify the exact offence. The High Court had previously found that the FPNs were defective because of inadequate detail but refused to grant orders preventing subsequent prosecutions, concluding that any issues regarding deficiencies in the FPNs were matters for the District Court at trial. The Court of Appeal upheld this decision, finding that while service of an FPN is a procedural step before prosecution if undertaken, defects in such notices do not deprive the District Court of jurisdiction to hear or determine the charges. Instead, such defects may be argued as part of the defence at trial, rather than constituting an automatic bar to prosecution. The court noted the principle that, unlike under the mandatory scheme for fixed charge notices in road traffic law, service of an FPN in this context was discretionary and did not create the same precondition for lawful prosecution. The appeals were dismissed and costs awarded against the appellants.