The poorest Scots were more likely to pick up Covid lockdown penalties

New research into the fixed penalty notices which were issued during the pandemic

Author: Rob WallerPublished 4th Aug 2022

People living in the most deprived areas of Scotland were two and a half times more likely to be fined for breaking lockdown rules than people in wealthiest areas, according to research from the University of Edinburgh.

More than one in four fixed penalty notices were issued for breaches of Covid-19 rules to those living in deprived areas, the report from Professor Susan McVie shows.

More than 20,000 police fixed penalty notices were registered by the Scottish Courts and Tribunal Service (SCTS) during 2020/21 in relation to breaking Covid rules.

The figures have been analysed in a report titled Police Use of Covid-19 Fixed Penalty Notices in Scotland and will coincide with a roundtable event organised by the Scottish Police Authority to reflect on the oversight of policing during the pandemic in Scotland.

Younger Scots were far more likely to be fined

At the beginning of the pandemic, people living in deprived areas were 12.6 times more likely to be handed a fine - but this number reduced substantially over time as police dealt with breaches by people from a wider range of social backgrounds as the pandemic progressed.

Recipients also tended to be younger, with three quarters of fines being handed to people under the age of 30.

The report is one of a series of data reports published by researchers at the University of Edinburgh to examine police use of temporary powers of enforcement issued under the Coronavirus Regulations.

This report analyses quarterly fines data published by the SCTS as well as linked administrative data from Police Scotland and the SCTS.

Research also showed fines issued to people for breaching the Covid-19 regulations in Scotland were more likely to be paid than fines issued to people for involvement in anti-social behaviour.

Police enforcement was a 'last resort'

Lead researcher Professor McVie of Edinburgh Law School, said: "This report is the first in the UK to examine in detail the payment of fixed penalties issued in relation to breaches of the Covid-19 Regulations.

"Concerns that the public would reject these penalties, and fail to pay them, are not founded by this study. However, it does raise concern about the impact of incrementally increasing fines on those who may have been least able or willing to comply with the Regulations as it is likely that these individuals were also less able to pay their fines.

"Throughout the pandemic there was robust oversight of policing in Scotland, and reports have consistently shown that enforcement was the response of last resort for officers dealing with those who may be in breach of the Regulations.

"Nevertheless, it is difficult to say to whether the temporary policing powers contributed to reducing the spread of the disease or saving lives. Moreover, it is clear that the legitimacy of the Regulations in the eyes of the public waned over time, which posed significant challenges for the police.

"We recommend that the findings from this report should be considered in both the Scottish and UK public inquiries into the impact of the pandemic."

Fast-changing guidelines

Assistant Chief Constable Gary Ritchie said: "Throughout the pandemic, Police Scotland's officers and staff stepped forward to explain fast-changing guidelines and emergency legislation to encourage people to do the right thing with consistency, compassion, common sense and discretion.

"Fixed penalty notices issued during the early phase of the pandemic were primarily issued in relation to travel infringements of the legislation. During the latter stage of the restrictions, officers were responding to calls from the public about gatherings or house parties where they engaged with people to encourage compliance.

"Fixed penalty notices were issued after all other avenues had been exhausted and only as a last resort.

"The vast majority of people followed the legislation and I want to thank our fellow citizens for their support and co-operation during the public health crisis.

"I am pleased the report recognises enforcement action was used only as a last resort, making up a small percentage of our many interactions with the public."

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