This guide is maintained as a current resource for November 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn when and how the police can legally issue fixed penalty notices in England and Wales, including what constitutes a fixed penalty offence, the statutory powers involved, your rights to pay or dispute, and practical guidance for responding effectively to an FPN.
Police in England and Wales have statutory powers to issue Fixed Penalty Notices (FPNs) as an alternative to prosecuting individuals in court for a range of minor criminal and motoring offences. These powers are designed to provide a swift administrative resolution for low‑level offending, reduce court workloads, and offer alleged offenders the opportunity to discharge liability without the cost and formality of a prosecution. This article explains what fixed penalty notices are, when police can issue them, how they operate in practice, and your options if you receive one.
What Is a Fixed Penalty Notice?
A Fixed Penalty Notice (FPN) is a formal notice offering the recipient the chance to avoid prosecution for a specified offence by paying a set fine within a prescribed period. It is sometimes referred to as a fixed penalty ticket or conditional offer of fixed penalty. Accepting and paying the notice discharges your liability to conviction for that offence. Untaken action within the applicable timeframe may lead to the matter being registered as a fine through the courts.
Fixed penalty notices can relate to motoring offences, minor criminal offences such as disorderly conduct, and certain statutory breaches. They usually involve a fixed financial sum and, in some cases, penalty points on a driving licence where the offence relates to road traffic law.
Legal Basis for Police Powers to Issue Fixed Penalty Notices
Road Traffic Offenders Act 1988
The primary statutory basis for police powers to issue fixed penalty notices for motoring offences is Section 54 of the Road Traffic Offenders Act 1988. Under this provision, a constable in uniform may give a fixed penalty notice at the roadside or at a police station when they have reason to believe the person has committed a “fixed penalty offence”.
The list of offences treated as eligible for fixed penalty notices is defined in legislation and accompanying statutory instrument orders such as the Fixed Penalty Offences Order 2025. These cover a range of motoring breaches such as speeding, using a handheld mobile phone while driving, and seat belt offences.
Conditional Offers of Fixed Penalty
Where police do not issue an on‑the‑spot notice, they may instead send a conditional offer of fixed penalty notice (COFPN) through the post, typically after detection by camera enforcement. This is also authorised under the Road Traffic Offenders Act 1988 and requires the alleged offender to accept or reject the offer within a specified period (usually 28 days).
Types of Fixed Penalty Notices Issued by Police
Police‑issued fixed penalty notices in England and Wales include:
1. Motoring Fixed Penalty Notices
These are issued for a variety of minor road traffic offences that are suitable for an out‑of‑court disposal. Common examples include:
- Speeding offences
- Using a handheld mobile phone while driving
- Failing to wear a seat belt
- Careless or inconsiderate driving (for lower‑level examples)
Motoring FPNs may be endorsable, meaning they result in penalty points on your driving licence, or non‑endorsable, where only a financial penalty applies.
2. Penalty Notices for Disorder (PNDs) and Other Notices
Separate from road traffic offences, police may also issue notices for public disorder and minor criminal behaviour known as Penalty Notices for Disorder or other FPNs authorised by statute. These can cover offences such as being drunk and disorderly, behaviour likely to cause harassment, alarm or distress, and minor criminal damage, provided the officer has reasonable grounds to believe the offence was committed.
In some cases, Police Community Support Officers (PCSOs) also have delegated powers to issue FPNs for defined offences under legislation such as the Anti‑Social Behaviour, Crime and Policing Act 2014 and the Police Reform Act 2002 (e.g. for littering or breach of public spaces protection orders).
Conditions and Discretion in Issuing Notices
Police officers do not have to issue a fixed penalty notice for every eligible offence. Instead, the decision is discretionary and officers take into account factors such as:
- Whether the evidence available would support a successful prosecution.
- Whether the offence is sufficiently minor to warrant a fixed penalty rather than court action.
- Any mitigating or aggravating circumstances.
Guidance issued to officers emphasises that fixed penalty notices are an alternative to prosecution, not a substitute for verbal warnings or other disposals.
How Fixed Penalty Notices Work in Practice
Receiving an FPN
A fixed penalty notice may be:
- Issued in person by a police officer at the scene of the offence.
- Sent by post as a conditional offer following detection (e.g. from a speed camera).
Details of the offence, the amount to be paid, and the time limit for dispute or payment (often 28 days) will be included. If the recipient accepts the notice by paying or collecting points (if applicable), liability to conviction is discharged.
Paying or Disputing
If you choose not to accept the fixed penalty or dispute liability, you can request a court hearing. This must be done within the time limit specified on the notice, otherwise the offer may lapse and a registered fine (usually 1.5× the original amount) may be entered through the courts.
Effects of Paying an FPN
- Paying an FPN discharges liability to conviction for that offence.
- For motoring FPNs, penalty points may be endorsed on your driving licence.
- If the FPN is ignored, the matter may proceed as a court‑registered fine and can affect records.
Rights and Obligations of Recipients
Right to a Court Hearing
A fixed penalty notice does not equate to a criminal conviction in itself. You retain the statutory right to opt for a court hearing and contest the allegation. You must notify the issuing authority within the prescribed period if you wish to exercise this right.
Obligation to Comply with Notice Requirements
If the fixed penalty requires you to produce documents (for example a driving licence) as a condition of issue, failure to do so may affect the validity of the process and could lead to prosecution rather than an administrative disposal.
Practical Examples
Example 1: A police officer stops a driver observed using a handheld mobile phone. The officer considers the offence suitable for an out‑of‑court disposal and issues a fixed penalty notice for the offence on the spot. The driver may pay the notice and accept penalty points or choose a court hearing.
Example 2: A vehicle is detected speeding by an automated camera. A conditional offer of fixed penalty notice is posted to the registered keeper, who must identify the driver and respond within the specified time frame or risk prosecution.
Key Takeaways
Police powers to issue fixed penalty notices in England and Wales are grounded in statute, particularly the Road Traffic Offenders Act 1988, and provide a mechanism to deal efficiently with minor motoring and other low‑level offences without resorting to court prosecution. These notices offer a choice between paying a predetermined penalty (which may include licence points) or opting for a court hearing. Recipients should act within the notice timeframe to exercise their rights, and be aware that ignoring a notice can escalate the matter into the court system.
