G
Gruff Evans
VIP Member
I take your point about how they are actually applied, but presumably the legislators set the maximum fines for each offence, and the level of maximum fine is, I would imagine, linked to the level of seriousness perceived by said legislators. It just seems to me that the act of spitting at a Health Care Worker/Police Officer is a deliberate act that might well endanger someones life (there are cases of Rail Workers dying from Covid-19 having been spat at by an infected person in the UK). Going outside without valid reason (with the validity to be determined by someone else) against a backdrop of very confused messaging around these things, seems to me to be a much lower level of transgression, yet the maximum fine, in Australia at least, is more than twice that of the first offence. It just made me wonder where the logic is!Those are all statutory maximum fines set in Australia, and whatever messages you feel those levels may be signalling, it's worth being aware that they are not the fine levels that are actually being issued, from what I've seen.
The UK situation is probably or more interest to most of us. Here, for being away from home 'without reasonable excuse' under the coronavirus regs, the police can issue fixed penalties of £100 for a first offence. But if the case goes to court the fine that could theoretically be awarded is actually unlimited.
But, as in Australia, maximum theoretical fine levels won't reflect actual sentencing practice in the vast majority of cases. There are no codified sentencing guidelines out yet for the coronavirus regs offences, but a court might well assess the level of seriousness in part by looking at existing guidelines for other public order-type offences.
Regarding spitting at a health care worker or a police officer, I can tell you that the UK courts take any assault on an emergency worker particularly seriously in practically all circumstances. And if done in the context of the Covid-19 health threat, extremely seriously and could well result in an immediate custodial sentence of up to six months, as has been seen in at least a couple of recent cases that I've seen reported.