Expiation of Offences Act 1996

The issuing authority may withdraw an expiation notice with respect to all or any of the alleged offences to which the notice relates if—

the authority is of the opinion that the alleged offender did not commit the offence, or offences, or that the notice should not have been given with respect to the offence, or offences; or

the authority receives a nomination, statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or

the notice is defective; or

the authority is of the opinion that the alleged offender is suffering from a cognitive impairment that excuses the alleged offending; or

the authority decides that the alleged offender should be prosecuted for the offence, or offences.

An expiation notice may be withdrawn under subsection (1) despite payment of an expiation fee or an instalment, but in that event the amount paid must be refunded.

However, an expiation notice cannot be withdrawn for the purposes of prosecuting the alleged offender for an offence if—

an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice; or

the period of 60 days from the date of the notice has expired.

If an expiation notice is withdrawn under subsection (1), a prosecution for an offence to which the notice related may be commenced, but the fact that the defendant paid an expiation fee or entered into arrangement under section 20 of the Fines Enforcement and Debt Recovery Act 2017 is not admissible in those proceedings as evidence against the defendant.

Subject to subsection (7), the issuing authority must withdraw an expiation notice if it becomes apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system or failure in the transmission of an email.

An expiation notice cannot be withdrawn under subsection (6) if the alleged offender has paid the expiation fee or any instalment or other amount due under the notice.

The withdrawal of an expiation notice under this section is effected by giving written notice of the withdrawal, personally or by post, to the person to whom the expiation notice was given.

The notice of withdrawal must specify the reason for withdrawal.

If an expiation notice is withdrawn under this section and the notice of withdrawal does not specify that the notice is withdrawn for the purposes of prosecuting the alleged offender—

the issuing authority must, if an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017, inform the Chief Recovery Officer of the withdrawal of the notice; and

any aggregation determination under section 9 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice will be taken to have been revoked; and

any enforcement determination made under the Fines Enforcement and Debt Recovery Act 2017 in respect of the notice will be taken to have been revoked (and any subsequent enforcement action is discontinued or rescinded); and

the issuing authority cannot prosecute the alleged offender for an alleged offence to which the withdrawal related unless the alleged offender has been given a fresh expiation notice and allowed the opportunity to expiate the offence.

If an expiation notice is withdrawn—

after an arrangement has been entered into under section 20 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice—section 20(21) of that Act is taken never to have applied in relation to that arrangement; or

after an enforcement determination has been made under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the notice—section 22(4) of that Act is taken never to have applied in relation to that determination.

If an expiation notice for an offence against section 79B of the Road Traffic Act 1961 is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (1)(ab), the period within which—

a fresh expiation notice may be given to the alleged offender in respect of the offence; or

an expiation notice may be given in respect of the prescribed offence (within the meaning of that section) that gave rise to the offence, is extended to 1 year from the date of commission of the alleged offence.

If an expiation notice is withdrawn and the notice of withdrawal specifies that the notice is withdrawn under subsection (6), the period within which a fresh expiation notice may be given to the alleged offender in respect of the offence or offences to which the withdrawal related is extended to 1 year from the date of commission of the alleged offence or offences.

In this section—

a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);

a mental illness.