Reply to post: Re: Can someone please explain what the connection is between these two things?

Re: Can someone please explain what the connection is between these two things?

Fixed penalty offences are, as the name suggests, fixed so pleading poverty won't get you a reduced penalty if you break the speed limit. However, financial circumstances are taken into account with fines. The Sentencing Council guidelines say:

"The amount of a fine must reflect the seriousness of the offence (Criminal Justice Act (“CJA”) 2003, s.164(2).

The court must also take into account the financial circumstances of the offender; this applies whether it has the effect of increasing or reducing the fine (CJA 2003, ss.164(3) and 164(4))."

The maximum penalty notice (not fine) the ICO may issue is linked to a companies global turnover and, since Covid-19 will have affected Marriot's turnover, the penalty notice takes this into account. The ICO has updated it's Regulatory Action Policy to take account of Covid-19 and this now includes

"As set out in the Regulatory Action Policy, before issuing fines we consider the economic impact and affordability. In current circumstances, this is likely to continue to mean the level of fineswill be reduced."