Who is it issued by and how can I contact them?
FPN’s are issued by various enforcement agencies, including the police.
PND’s are issued by the police – contact the administering force. Police community support officers and accredited officers also have powers to issue PND’s.
Does it involve guilt?
No – there is a suspended enforcement period during which you can choose either to pay the penalty or to go to court.
Is it recorded on the Police National Computer (PNC)?
Yes (if it relates to a recordable offence). A facility is available on the PNC which allows an entry to be recorded which does not constitute a ‘criminal record’ but is accessible for police information.
Is it classed as a conviction?
No, but the information is still kept on the PNC. Acceptance and payment of a PND discharges all liability for that offence.
How long will it be on my record?
Although a PND does not result in a criminal record, the information can still be used in the civil context of an ASBO application.
When does it become spent?
When do I have to declare it?
It is not covered by the Rehabilitation of Offenders Act and, so when asked, it must be disclosed. It is rare for employers and others to ask about PND’s.
Is it disclosed on DBS checks?
Not on a standard check. It does not fall under the definition of a ‘relevant matter’ so would not be automatically released on a DBS certificate
It might be as part of an enhanced check (under ‘other relevant information‘) if deemed ‘relevant’ i.e. if the offence has a bearing on the kind of work you are applying for.
What guidance is there on fair process?
- PNDs can only be issued to people of 16 and over
- Ministry of Justice guidance on PND’s
- GOV.UK information on police cautions, warnings and penalty notices for minor crimes.
Do I have the right to appeal and what is the process?
If you receive a PND your only right of appeal is in court. If the appeal is rejected you might end up with a higher fine and a criminal record – seeking legal advice is recommended before you decide to appeal.
What are the implications for life in the community?
As it is not a conviction and doesn’t result in a criminal record it should not affect your banking, housing, insurance etc. It may impact on future employment which involves an enhanced level check.