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Advice for those facing Magistrates Courts Fines

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tixy

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5 Sep 2014
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108
I thought I would post this to help those worried around post fine collection processes.

I’ve aimed it at those who admit the fine and worry about the next steps or the amount owed.

Advice on what to do if the first time you hear about a prosecution is a further steps notice or a bailiff/arrest officer knocking. What to do is covered in detail on the forum.

Before I start, let’s address the main question. ‘Can I go to prison?’ Although at sentence it is extremely rare, the court can commit you if you refuse to pay a court ordered fine. The length of the term varies on the amount owed AFTER the court has considered the defendants means to pay a fine.
For everyone else, a collection order can be made for the fine to be paid in instalments.

If someone receives notice of a fine which is way over what can be afforded, you can ask the fines officer for a hearing to consider remittance as your circumstances is different to the fine payable.
Googling Magistrates form MC100 will help make sure the numbers tally up.

The court will also set the correct amount to pay each week/month. You need to stick to it once set!

You can also ask for a deduction from pay or benefits and if you struggle to keep up with payments and you are on probation, you can also ask the court to order your Responsible Officer to assist as part of your supervision.

Should you get a further steps notice, the fines officer is the port of call. Their email details are on the notice board in your local court and the national centre is available on the phone - 0300 123 9252

If bailiffs are knocking, call the fines officer and ask for them to withdraw the warrant, they should be able to arrange a means hearing at court. Remember the MC100!

If an arrest warrant is issued, contact the company who has the warrant (usually Marston or CDER) and ask for a planned surrender. (This is effectively a means hearing) be prepared to evidence why you haven’t kept up and once again… MC100

If the arrest warrant is a suspended commitment warrant, speak to the arrest officer to arrange surrender. You need to understand that at this point the court have already decided to set committal to prison so the situation is serious. This is why at this point, you will be entitled to legal advice on arrival at court. Make sure you have that magic form as at this point, is all about proving that you can’t pay, not that you won’t pay.

Final stage, rare but happens, the court orders your commitment to prison, an arrest officer or the police arrest you at home/work and you start your term. The only way out of this is to pay in full or a reduced amount for a reduced term.

I hope it never goes this far and in my experience it is rare. My biggest advice is engage as soon as you can in criminal cases, don’t leave to the last minute and don’t treat them as a parking ticket as non payment does have serious consequences.
 
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island

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Thanks for your post. There are a few things I would add or clarify...
Before I start, let’s address the main question. ‘Can I go to prison?’ Although at sentence it is extremely rare, the court can commit you if you refuse to pay a court ordered fine. The length of the term varies on the amount owed AFTER the court has considered the defendants means to pay a fine.
The emphasis here is on two things, firstly prison will only even start to enter the equation in the case of wilful refusal to pay a fine and is the last in a great many steps. The courts will only go down this road for people who won't pay their fines. If you can't, it doesn't get there.
For everyone else, a collection order can be made for the fine to be paid in instalments.
Just to clarify this, a collection order is made with all fines, whether they're being paid upfront or in instalments. It permits other court staff to become involved when payment isn't made in accordance with the instructions, and allows enforcement by means of bailiffs and a range of other routes.
If someone receives notice of a fine which is way over what can be afforded, you can ask the fines officer for a hearing to consider remittance as your circumstances is different to the fine payable.
Googling Magistrates form MC100 will help make sure the numbers tally up.
It should be noted that a complete MC100 is required to be submitted when pleading to an offence or attending court to answer a charge. It can be downloaded and printed off, and this is the recommended option as the numbers it asks for might not be readily available or might require a lot of looking up. But you can get a paper copy at the court on the day if needed. When doing online pleas the form is submitted with your plea.
The court will also set the correct amount to pay each week/month. You need to stick to it once set!
I would add to that that the court will normally expect the total fine, costs, surcharge and compensation to be paid within 12 months. Some online resources say you can offer "£1 a month" and they have to accept it... they don't!
You can also ask for a deduction from pay or benefits and if you struggle to keep up with payments
...assuming the court hasn't already ordered an attachment of earnings or deduction from benefits, which it's legally required to do when it orders compensation, which it does in most railway cases (unless it would be impractical or inappropriate to do so).
and you are on probation, you can also ask the court to order your Responsible Officer to assist as part of your supervision.
This is rare due to the heavy burden on the probation system.
 

tixy

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Messages
108
This is rare due to the heavy burden on the probation system.
Indeed it is, but something the court has to consider as an option alongside the others, but you are correct here, a Responsible Officer can decline.

== Doublepost prevention - post automatically merged: ==

I would add to that that the court will normally expect the total fine, costs, surcharge and compensation to be paid within 12 months. Some online resources say you can offer "£1 a month" and they have to accept it... they don't!
While on topic of a fine breakdown, it is good to note that costs and compensation is non deductible so cannot be remitted against means.
 

island

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While on topic of a fine breakdown, it is good to note that costs and compensation is non deductible so cannot be remitted against means.
Not after they have been imposed, no, but the sentencing court can award less than the costs and compensation applied for where it is clear the defendant has no means to pay the full amount.
 

WesternLancer

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12 Apr 2019
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15,298
I thought I would post this to help those worried around post fine collection processes.

I’ve aimed it at those who admit the fine and worry about the next steps or the amount owed.

Advice on what to do if the first time you hear about a prosecution is a further steps notice or a bailiff/arrest officer knocking. What to do is covered in detail on the forum.

Before I start, let’s address the main question. ‘Can I go to prison?’ Although at sentence it is extremely rare, the court can commit you if you refuse to pay a court ordered fine. The length of the term varies on the amount owed AFTER the court has considered the defendants means to pay a fine.
For everyone else, a collection order can be made for the fine to be paid in instalments.

If someone receives notice of a fine which is way over what can be afforded, you can ask the fines officer for a hearing to consider remittance as your circumstances is different to the fine payable.
Googling Magistrates form MC100 will help make sure the numbers tally up.

The court will also set the correct amount to pay each week/month. You need to stick to it once set!

You can also ask for a deduction from pay or benefits and if you struggle to keep up with payments and you are on probation, you can also ask the court to order your Responsible Officer to assist as part of your supervision.

Should you get a further steps notice, the fines officer is the port of call. Their email details are on the notice board in your local court and the national centre is available on the phone - 0300 123 9252

If bailiffs are knocking, call the fines officer and ask for them to withdraw the warrant, they should be able to arrange a means hearing at court. Remember the MC100!

If an arrest warrant is issued, contact the company who has the warrant (usually Marston or CDER) and ask for a planned surrender. (This is effectively a means hearing) be prepared to evidence why you haven’t kept up and once again… MC100

If the arrest warrant is a suspended commitment warrant, speak to the arrest officer to arrange surrender. You need to understand that at this point the court have already decided to set committal to prison so the situation is serious. This is why at this point, you will be entitled to legal advice on arrival at court. Make sure you have that magic form as at this point, is all about proving that you can’t pay, not that you won’t pay.

Final stage, rare but happens, the court orders your commitment to prison, an arrest officer or the police arrest you at home/work and you start your term. The only way out of this is to pay in full or a reduced amount for a reduced term.

I hope it never goes this far and in my experience it is rare. My biggest advice is engage as soon as you can in criminal cases, don’t leave to the last minute and don’t treat them as a parking ticket as non payment does have serious consequences.
Thanks for posting this.

I think this post could be very helpful to some people in future.
 

flythetube

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Indeed it is, but something the court has to consider as an option alongside the others, but you are correct here, a Responsible Officer can decline.

== Doublepost prevention - post automatically merged: ==


While on topic of a fine breakdown, it is good to note that costs and compensation is non deductible so cannot be remitted against means.
If a person is involved with Probation, one is as far as I am aware also on ‘licence’ of which standard conditions of said licence are ‘to be of good behaviour’ and ‘not to commit further offences’.

Asking your Probation Officer for help where you have avoided paying fares doesn’t look too good and places you at risk of a licence breach.

I think it’s either 2 or 3 of those accumulated before a Recall back to Prison may be triggered.

Probation is an enforcement agency now and not the befriend and assist that it started out as!!

== Doublepost prevention - post automatically merged: ==

If a person is involved with Probation, one is as far as I am aware also on ‘licence’ of which standard conditions of said licence are ‘to be of good behaviour’ and ‘not to commit further offences’.

Asking your Probation Officer for help where you have avoided paying fares doesn’t look too good and places you at risk of a licence breach.

I think it’s either 2 or 3 of those accumulated before a Recall back to Prison may be triggered.

Probation is an enforcement agency now and not the befriend and assist that it started out as!!
Just to add, if you are undertaking travel in connection with Probation ie attending appointments or travelling to an Unpaid Work Location then Probation can assist with travel costs by way of Travel Warrant or in the case of London by the provision of Saver Bus Tickets (which I believe are still supplied to Government Agencies or others in bulk).
 

Egg Centric

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If a person is involved with Probation, one is as far as I am aware also on ‘licence’ of which standard conditions of said licence are ‘to be of good behaviour’ and ‘not to commit further offences’.

The probation service also manages people on community penalties or on a tag. I don't know how the proportions break down but I assume they outnumber people on licence.
 

AlterEgo

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If a person is involved with Probation, one is as far as I am aware also on ‘licence’ of which standard conditions of said licence are ‘to be of good behaviour’ and ‘not to commit further offences’.
No. Probation also covers community orders etc and not just people out on licence from prison.
 

island

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No. Probation also covers community orders etc and not just people out on licence from prison.
Yes, although a community order also has a requirement to be of good behaviour, and someone committing a further offence whilst on a community order risks a more severe punishment because of it, up to and including the order being revoked and the offender being sentenced to custody.
 
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