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The New Fines Regime in Magistrates’ Court
15th August 2008

On Monday August 4, 2008 a new sentencing regime was adopted by magistrates’ courts nationally which changes the way fines are imposed. Fines will no longer be fixed as a set amount but will be expressed as a band A, B or C fine with the financial liability being set according to the individual’s means. A band A fine is equal to half a persons disposable income, Band B equals 1005 of disposable income and Band C equals 150%. This means that where an unemployed person and an employed person are fined for an identical offence, the employed person’s fine will be far greater than the unemployed person’s fine.

One of the offences that are regulated by these new guidelines is speeding. The guidelines tell magistrates that a person caught driving at 41 miles per hour in a 30 mile an hour area should receive a Band B fine, which equates to 100% of a persons weekly income. A person who is found to be in receipt of benefits is assumed to have a relevant income of £100 per week and will therefore receive a fine of £100. An employed person who does not declare their income will be assumed to have a disposable income of £350 per week and will be fined £350 if the guidelines are followed. The only difference between the two offenders is one of the drivers is employed and the other, for whatever reason is not and the moral of the story appears to be that the harder you work the more you will be fined.

This sentencing concept is not new. A similar scheme called unit fines was brought into force by the Conservative government in the 1990’s. that scheme was slightly different in that a fine was to be fixed as a number of units which where then valued on a scale of between £5 and £20 according to a persons income. The system was universally unpopular as it soon became apparent that motorists were receiving greater fines than thieves and those who committed assaults and the scheme was withdrawn.

There are two other features of the new sentencing regime that will cause concern to many. The first is that the custody threshold, which is the point at which magistrates’ courts will consider sending someone to prison have been raised. For example the guidelines for driving a motor vehicle with excess alcohol now suggests that the starting point for a custodial sentence is where some one is three and a half times over the limit, a reading rarely achieved by even the most persistent drunk drivers. Retail organisations have also expressed concern that the current guidelines for theft from shops make it highly unlikely for even repeat offenders to be jailed under the new regime.

Whilst the risk of offenders going to prison has decreased across the board the risk of being disqualified from driving has been substantially increased as have the periods of such disqualification. For example, when dealing with a motorist caught driving at more than 11 miles per hour over the limit in a 30 miles per hour zone magistrates are encouraged to consider imposing 4 to 6 penalty points or a 7 to 28 day period of disqualification.

These new guidelines appear to be designed to increase the government’s revenue from fines whilst reducing the number of people sent to prison which may ease the current prison overcrowding problem. Avoiding sending people to prison saves the government money by reducing the costs of the prison service and also because legal aid often need not be granted where there is no risk of imprisonment. Increasing revenue from fines will also lessen the overall costs of the criminal justice system.

Legal aid will not concern the majority of motorists because they will find that even if they are risk of loosing their job as a result of the risk of a disqualification the current legal aid means testing rules will probably mean they would not have qualified for help any way.

James Parry LLB, Solicitor Advocate
Nadim Associates Solicitors Limited

We can help with most criminal cases before the magistrates court and can advise you when legal aid is available. For a free initial consultation contact us on 0845 026 4410

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