Are on spot fines truly legal in England?

Question

by English law we have the presumtion of innocence until proven guilty. Written into the constitution only a judge or a magistrate can impose a fine so therefor how can you be fined other than by a court

Answer 1

FPN notices are given in UK law under the provision of a mags or judges direction..
CPS review along with the Crime recording and analysis and quash those issued without authority.
If that is the case and the offence isn't covered by the FPN then you will either be re arrested and charged and brought before a court to answer, or discharged from payment without further prosecution.
The system is full of errors not because the fines imposed are impractical but the way in which officers are being instructed in their use and issue. Some make serious mistakes which have to be rectified. The system need review and challenging but not ignoring..

Answer 2

It is a question of jurisdiction. By agreeing to pay a fine at the instance of a police officer or parking warden or local authority official, we are accepting their right to impose it. If we dispute their right to do so for any reason, we are free to argue our case in court. As a practical measure, many people prefer just to pay up and save time, money and effort rather than to demand their constitutional rights.

Answer 3

Easily, if offered an on the spot fine, you refuse to accept it and instead demand to be taken before a court. The same goes for parking fines, they can be contested in court as well

Answer 4

Almost certainly not - but who is going to go to court to prove it?

An organised group need to deliberatly setup a test case to take on the tyrants in westminster.

Answer 5

They are made legal by the right of appeal associated to them.

Answer 6

Yes they are. Fixed penalty notices for instance.

Answer 7

good point