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PART 8Offences and penalties

CHAPTER 1Offences

Offences relating to gatherings and being away from home37.

(1)

A person who contravenes a requirement in—

(a)

paragraph F12(1) of Schedule 1,

(b)

paragraph F22(1) F3… or (3) of Schedule 2,

(c)

paragraph 1(1) F42(1) or 3(1) of Schedule 3, or

(d)

paragraph 1(1) or 2(1) of Schedule 4,

commits an offence.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Travel restriction offencesF638.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences relating to organising events39.

(1)

A person who contravenes a requirement in—

(a)

paragraph 4 of Schedule 1,

(b)

paragraph 4 of Schedule 2,

(c)

F7paragraph 5 of Schedule 3, or

(d)

paragraph 4 of Schedule 4,

commits an offence.

F8(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences relating to isolation requirements and contact tracingF1040.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of possessing false or misleading evidence relating to vaccination or coronavirus test resultsF1140A.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of failing to wear a face covering41.

A person who contravenes the requirement in regulation F12… 20(1) commits an offence.

Offences relating to businesses and services42.

(1)

A person who, without reasonable excuse, contravenes a requirement in—

(a)

F13paragraph 7(1) of Schedule 1,

(b)

F14paragraph 7(1) of Schedule 2,

(c)

paragraphs 7(1), 8(1) or F159(1) of Schedule 3, or

(d)

paragraphs 7(1), 8(1), 9(1) F16, 10(1) or 11(3) of Schedule 4,

commits an offence.

F17(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence of failing to work from home where reasonably practicable to do soF1942A.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction and contravention of directions and compliance notices43.

(1)

A person who obstructs, without reasonable excuse, any person carrying out a function under these Regulations commits an offence.

(2)

A person who, without reasonable excuse—

(a)

contravenes a direction given—

(i)

by an enforcement officer under Part 7, or

F20(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

fails to comply with a compliance notice given by an enforcement officer under regulation 27(1),

commits an offence.

Penalty44.

An offence under these Regulations is punishable on summary conviction by a fine.

Arrest without warrant45.

Section 24 of the Police and Criminal Evidence Act 1984 M1 applies in relation to an offence under these Regulations as if the reasons in subsection (5) included—

(a)

to maintain public health;

(b)

to maintain public order.

Offences committed by bodies corporate etc.46.

(1)

If an offence under these Regulations committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of an officer of the body, or

(b)

to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

(2)

In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

(3)

Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.

(4)

Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.

(5)

Section 33 of the Criminal Justice Act 1925 M2 and Schedule 3 to the Magistrates’ Courts Act 1980 M3 apply in proceedings for an offence brought against a partnership or an unincorporated body other than a partnership as they apply in relation to a body corporate.

(6)

A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.

(7)

A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.

CHAPTER 2Fixed penalties

Fixed penalty notices47.

(1)

An enforcement officer may issue a fixed penalty notice to a person the officer reasonably believes—

(a)

has committed an offence under these Regulations, and

(b)

is aged 18 or over.

(2)

A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to—

(a)

a local authority, or

(b)

a person designated by the Welsh Ministers for the purposes of receiving payment under this regulation,

as the notice may specify.

(3)

The Welsh Ministers may designate themselves under paragraph (2)(b).

(4)

A person designated by the Welsh Ministers for the purposes of receiving payment under—

(a)

regulation 13 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

(b)

regulation 21 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,

(c)

regulation 31 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

(d)

regulation 37 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020

is to be treated as if designated for the purposes of receiving payment under this regulation.

(5)

Where a local authority is specified in the notice it must be the authority (or as the case may be, one of the authorities) in whose area the offence is alleged to have been committed.

(6)

Where a person is issued with a notice under this regulation in respect of an offence—

(a)

no proceedings may be taken for the offence before the end of the period of 28 days following the date the notice is issued;

(b)

the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

Amount of fixed penalty: general48.

(1)

Unless regulation F2150 or 52 applies, the amount of a fixed penalty is—

(a)

£60, or

(b)

if £30 is paid before the end of the period of 14 days following the date of the notice, £30.

(2)

But if the person to whom such a fixed penalty notice is issued has already received a relevant fixed penalty notice—

(a)

paragraph (1) does not apply, and

(b)

the amount specified as the fixed penalty is—

(i)

in the case of the second relevant fixed penalty notice received, £120;

(ii)

in the case of the third relevant fixed penalty notice received, £240;

(iii)

in the case of the fourth relevant fixed penalty notice received, £480;

(iv)

in the case of the fifth relevant fixed penalty notice received, £960;

(v)

in the case of the sixth and any subsequent relevant fixed penalty notice received, £1,920.

(3)

In paragraph (2), “relevant fixed penalty notice” means—

(a)

a fixed penalty notice where the amount of fixed penalty is determined under this regulation;

(b)

a fixed penalty notice under—

(i)

the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

(ii)

the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020 other than a notice to which regulation 21(7A) of those Regulations applies,

(iii)

the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020 other than a notice to which regulation 31(8) of those Regulations applies,

(iv)

the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 other than a notice to which regulation 39, 40, 41 or 42 of those Regulations applies,

(v)

the Health Protection (Coronavirus Restrictions) (Functions of Local Authorities etc.) (Wales) Regulations 2020 M4.

Amount of fixed penalty: participating in a large gathering at a private dwellingF2249.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty: international travel requirementsF2349A.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of fixed penalty: organising an event50.

(1)

Where a fixed penalty notice is issued in respect of an alleged offence under regulation 39(1), the amount of the fixed penalty is £500.

(2)

But if the person to whom a fixed penalty notice is issued in respect of such an alleged offence has already received a relevant fixed penalty notice—

(a)

paragraph (1) does not apply, and

(b)

the amount of the fixed penalty is—

(i)

in the case of the second such fixed penalty notice received, £1,000;

(ii)

in the case of the third such fixed penalty notice received, £2,000;

(iii)

in the case of the fourth and any subsequent such fixed penalty notice received, £4,000.

(3)

In paragraph (2), “relevant fixed penalty notice” means—

(a)

a fixed penalty notice where the amount of fixed penalty is determined under this regulation;

(b)

a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 40 of those Regulations applies.

Amount of fixed penalty: organising an unlicensed music eventF2451.

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(1)

This regulation applies to a fixed penalty notice issued in respect of an alleged offence under regulation 42(1) F25… F26… (an “alleged business offence”).

(2)

Where a fixed penalty notice is issued in respect of an alleged business offence, the amount of the fixed penalty is £1,000.

(3)

But if the person to whom a fixed penalty notice is issued in respect of an alleged business offence has already received a relevant fixed penalty notice—

(a)

paragraph (2) does not apply, and

(b)

the amount of the fixed penalty is—

(i)

in the case of the second such fixed penalty notice received, £2,000;

(ii)

in the case of the third such fixed penalty notice received, £4,000;

(iii)

in the case of the fourth and any subsequent such fixed penalty notice received, £10,000.

(4)

In paragraph (3), “relevant fixed penalty notice” means—

(a)

a fixed penalty notice issued in respect of an alleged business offence;

(b)

a fixed penalty notice under the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 to which regulation 42 of those Regulations applies.

Fixed penalties: form and procedure53.

(1)

A fixed penalty notice must—

(a)

give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b)

state the period during which (because of regulation 47(6)(a)) proceedings will not be taken for the offence;

(c)

specify the amount of the fixed penalty determined under regulation 48 F27…, F28… 50 F27… or 52 (as the case may be);

(d)

state the name and address of the person to whom the fixed penalty may be paid;

(e)

specify permissible methods of payment.

(2)

Whatever other method may be specified under paragraph (1)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under paragraph (1)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(3)

Where a letter is sent as mentioned in paragraph (2), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(4)

In any proceedings, a certificate—

(a)

that purports to be signed by or on behalf of the person with responsibility for the financial affairs of—

(i)

the local authority, or

(ii)

the person designated under regulation 47(2)(b),

specified in the fixed penalty notice to which the proceedings relate, and

(b)

which states that the payment of a fixed penalty was, or was not, received by the date specified in the certificate,

is evidence of the facts stated.

Fixed penalty notices: prohibition of double jeopardy54.

(1)

Where the same, or largely the same, act or omission by a person may give rise to a reasonable belief that the person has committed more than one offence under these Regulations, a fixed penalty notice may be issued to the person only in respect of one of the alleged offences.

F29(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER 3Proceedings

Self-incrimination55.

(1)

Relevant information may be used in evidence against the person to whom the information relates in criminal proceedings.

(2)

Where the information is used in proceedings other than for an offence under these Regulations or section 5 of the Perjury Act 1911 M5 (false statements made otherwise than on oath)—

(a)

no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)

no question relating to the information may be asked by or on behalf of the prosecution.

(3)

Paragraph (2) does not apply if, in the proceedings—

(a)

evidence relating to the information is adduced by or on behalf of the person who provided it, or

(b)

a question relating to the information is asked by or on behalf of that person.

(4)

In this regulation, “relevant information” means—

(a)

information which is relevant information for the purposes of regulation 14;

(b)

information, or the answer to a question, given in response to a requirement imposed under regulation 36(1);

(c)

anything contained in a document or electronic records produced in response to a requirement imposed under paragraph 8(1) of Schedule 8.

Prosecutions56.

(1)

No proceedings for an offence under these Regulations may be brought other than by—

(a)

the Director of Public Prosecutions,

(b)

any person designated by the Welsh Ministers, or

(c)

in relation to proceedings for F30an offence mentioned in paragraph (1A), a local authority.

F31(1A)

The offences referred to in paragraph (1)(c) are—

(a)

an offence under regulation 42 F32…;

(b)

an offence under regulation 43(1) where the person carrying out a function under these Regulations is an enforcement officer designated by a local authority;

(c)

an offence under regulation 43(2)(a)(i) or (b) where the enforcement officer giving the direction or compliance notice is a person designated by a local authority.

(2)

A person designated by the Welsh Ministers under—

(a)

regulation 14 of the Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020,

(b)

regulation 22 of the Health Protection (Coronavirus Restrictions) (No. 2) (Wales) Regulations 2020,

(c)

regulation 32 of the Health Protection (Coronavirus Restrictions) (No. 3) (Wales) Regulations 2020, or

(d)

regulation 46 of the Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020,

is to be treated as if designated under this regulation.