Fixed Penalty Notices: Criminal Records and DBS Checks

An FPN, a driving endorsement and a court conviction are different. This guide explains why the type of penalty and the wording of a disclosure question matter.

In this easy-to-understand article, we will talk about:

• What a Fixed Penalty Notice is.
• If you should pay your Fixed Penalty Notice.
• How to fight a Fixed Penalty Notice.
• Times when you might not have to pay.
• What can happen if you don’t pay the notice.

FPN schemes cover different alleged offences and have different amounts and consequences. A coronavirus penalty example does not establish the rules for an ordinary motoring FPN.

Some of us have even experienced these challenges as well. But don’t worry; we’re here to help you understand and deal with your Fixed Penalty Notice.

Let’s dive in.

Does a Fixed Penalty Notice give you a criminal record?

A fixed penalty is normally an opportunity to dispose of an alleged offence without prosecution if all conditions are met. It is not itself a court conviction. A driving endorsement still has record and rehabilitation consequences.

Comply with every condition of the offer, including any licence-detail requirement, not just payment. The issuing authority and police may still hold records of the notice.

Do not assume that paying an FPN removes a licence endorsement or means it can never be relevant to an insurance, employment or immigration question.

Is a motoring offence a criminal conviction?

Some motoring offences can result in a criminal conviction if the case goes to court and the judge rules against you.

However, you can sometimes avoid receiving a criminal record by taking action to prevent the matter from going to court. 

There is no universal five-year rehabilitation period for every motoring conviction. In England and Wales, an adult road-traffic endorsement generally has a five-year rehabilitation period; other sentences and younger offenders have different rules.

A conviction becoming spent does not mean the police delete it. What must be disclosed depends on the role, check, filtering rules and applicable law.

Does a Fixed Penalty Notice show on an enhanced DBS check?

A Fixed Penalty Notice could possibly show up on an enhanced DBS check.

A basic DBS check shows unspent convictions and conditional cautions. A standard check can show spent and unspent convictions and cautions subject to filtering. An ordinary FPN is not listed simply as a court conviction; special road-traffic endorsement rules require care.

An enhanced DBS certificate can include non-conviction information, including an FPN, if the chief officer considers it relevant to the role and that it ought to be disclosed. It is not automatic.

Do I have to disclose a Fixed Penalty Notice?

Read the exact question and applicable disclosure rules. You do not have a universal duty to disclose every old FPN whenever anyone asks, and spent or filtered information can have legal protections.

It’s rather uncommon for potential employers to ask about previous Fixed Penalty Notices, but you might be asked by insurance providers.

Check the type of disposal and the level of disclosure rather than relying on an absolute promise that a penalty can never appear. Seek advice if an endorsement or a later conviction is involved.

Scotland has its own disclosure system and rehabilitation rules. Do not assume the England and Wales DBS process applies there. The alleged conduct may be a criminal offence even when it is dealt with without prosecution.

People who get served a Fixed Penalty Notice for speeding might be offered a speed awareness course to avoid points on their license.

How long do the police have to send a Fixed Penalty Notice?

An ordinary speeding prosecution in England and Wales generally must begin within six months of the offence. This is not a six-month deadline for receiving an FPN.

A first Notice of Intended Prosecution normally must be served on the registered keeper within 14 days, but statutory exceptions apply. A later notice to a nominated driver does not have the same 14-day deadline. A roadside warning can also satisfy the notice requirement.

How much is a Fixed Penalty Notice?

Motoring fixed penalties have offence-specific amounts. Accepting and complying with an eligible offer normally avoids prosecution; a guilty plea belongs to the court process.

For example, driving without insurance carries a heavier fine than failing to give way when supposed to.†

On top of the financial costs of the Fixed Penalty Notice, the motorist may also have to accept points on their license.

However, some Fixed Penalty Notices don’t add points to the driver’s license.

Points depend on the specific offence and procedure. Do not use the full range of court endorsement points as a universal FPN tariff. For example, a standard speeding fixed penalty normally carries three points.

A Fixed Penalty Notice that carries a fine only is called a non-endorsable Fixed Penalty Notice.

Whereas a Fixed Penalty Notice that does carry points is called an endorsable Fixed Penalty Notice. 

What’s the impact on car insurance premiums?

Your car insurance premium will likely go up once you inform your insurer you’ve got penalty points on your licence.

That’s if you get an endorsable Fixed Penalty Notice.

Can you appeal a Fixed Penalty Notice?

There isn’t a formal process to appeal a Fixed Penalty Notice.

If you don’t admit guilt, the case will be decided in court.

If you contest the allegation, the prosecution must prove it. The result depends on the law and evidence, not an assumed rarity of successful challenges.

A conviction can result in a court sentence, costs and surcharge, which may exceed the fixed penalty. The outcome is not predetermined.

Moreover, they may have to pay court costs. 

What are the consequences for repeat offenders?

Repeat offenders risk having their driving licences taken away from them. Especially if they get FPNs for speeding or other serious motoring offences.

Points and disqualification can affect insurance availability and price, but there is no guaranteed increase or fixed amount for every driver.

How do you pay a Fixed Penalty Notice?

Pay within the period stated on your notice and comply with its other conditions. Many motoring offers give 28 days, but this is not a deadline for every FPN scheme.

Use the official payment service identified on your notice. Some motoring penalties can be paid through GOV.UK.

Available payment methods depend on the issuing authority and scheme; do not assume one cash or card rule applies to all notices.

You’ll need some details to make the payment, including:

1. Notice number
2. Offence code
3. Date of offence
4. Your email address
5. Your telephone number

What happens if you don’t pay a Fixed Penalty Notice?

To dispute an FPN, follow its instructions for contesting the allegation or requesting court where applicable. Simply ignoring it can have different consequences from correctly electing court.

If prosecuted and acquitted, you are not convicted of the allegation. If convicted, the court determines the sentence and any costs and surcharge.

The consequence of non-payment depends on the scheme. It may lead to fine registration with an increase or prosecution; there is no universal rule that every FPN automatically rises by 50%. Follow the actual notice.

If your notice provides for a 50% registration increase, £100 becomes £150. That example must not be applied to a different scheme without checking its rules.

Unpaid court fines can trigger further enforcement, and warrants have specific legal conditions. Arrest is not the automatic next step for every unpaid FPN. Obtain help promptly if you receive court or enforcement papers.

FAQs

Is a Fixed Penalty Notice a criminal offence? (Quick recap)

A fixed penalty is normally an opportunity to dispose of an alleged offence without prosecution if all conditions are met. It is not itself a court conviction. A driving endorsement still has record and rehabilitation consequences.

Whether information is disclosable depends on the disposal, applicable rehabilitation law and check. A basic DBS check is different from a standard or enhanced check.

But it might appear on an enhanced DBS check because these checks reveal more than just criminal convictions.

A relevant FPN or surrounding information may be considered for an enhanced check. Do not treat that possibility as proof that every FPN will be disclosed.

References

1. UK Parliament — FPN