Fixed penalty notices have an established a role in our legal system, for example for road traffic offences, but the context of new covid-19 offences is different from many of these offences and curtailed freedoms considered fundamental in a democratic society. We recognise that fixed penalty notices played a valuable role in policing the pandemic. However, in principle, when offences in question are complex, difficult to apply and give rise to significant sanctions, it should ordinarily be the responsibility of a court, rather than an official to determine liability. Any future review considering alternative approaches should give due weight to this.