Amongst the arguments often raised
against “short” custodial sentences are that fines defaulters should not be
imprisoned. This is often coupled with a story of an old age pensioner
imprisoned for refusing to pay her council tax because she doesn`t believe her
taxes should be used for this or for that purpose. Indeed refusal to pay
council tax is a not uncommon form of rebellion against the state employed by
those whose arrogance is equalled only by their ignorance.
Courts impose custody only when the
matter is so serious that there is no alternative. Without such a deterrent
anarchy would be the result. There are two grounds on which a court can impose
immediate custody for fine defaulters; wilful refusal to pay or culpable neglect
to pay but before either of these stages is reached there are many hoops to be
jumped through and which offer an offender a way forward. Assuming the court
had originally made a collection order a distress warrant can be issued. The
offender can appeal against the terms set. Attachment of earnings or deductions
from benefits order has failed and the reserve terms have also failed. A
defaulter also has the opportunity to appear before a means court where
detailed enquiries can be made and s/he has an opportunity to explain the
position. If all options have been explored then and only then can a custodial
sentenced be imposed according to the outstanding amount which varies from 7
days for sums up to £200 to 12 months for amounts over £10,000. However if an
argument is accepted that a suspended term would secure payment then the court
must suspend. Immediate custody for fine defaulters is therefore a relatively
rare event.
This case reported a couple of years ago at York Magistrates Court is typical. Heaven knows what the
previous hearings and officials` times and efforts have cost the country.
Perhaps we should be proud in this country that it is so difficult to imprison
anybody or perhaps that is the very reason for a general long standing
disregard of authority widely accepted as a basis for law breaking.
We used to run a means court. If the first attender of the morning didn't reappear to the others in the public area they would realise they could go down as well so they generally paid up. All over by lunchtime and the first attender would ask to see us again and he would pay up as well. The legal advisors used to wince at what were doing and I doubt they would allow it these days. It staggers me that so much money is never collected. We need a bit of backbone in our courts again.
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