If you buy a car and fail
to keep up with your payments there won`t be a gentleman from the finance
company opening an office in your area to enquire why you`ve missed the
payments. You`ve broken the contract and the car will be repossessed. As many
have and are discovering the same applies to those who default on their
mortgages. Their properties are repossessed. It is obvious of course that
generally but not exclusively those defaulters are nearer the middle or lower
levels of income distribution than the higher. And it can be said that their
loans were based on income and/or credit rating. The loans were freely entered
into and both parties to the deal considered, in theory at least, that
disposable income was sufficient to service the amount. They might even have
been offered various insurances to indemnify themselves against unemployment.
Fines imposed at court are for breaking
the law. The law is rarely hidden waiting to jump out and catch innocents going
about their daily business. When it did became widely known that the law was
behaving in just that fashion the speed cameras were painted yellow to ensure
justice was seen to be done. Fines in this country are calculated according to
ability to pay. Depending on how the figures are analysed there is general
agreement that at least half a billion pounds or more is owed in unpaid fines. Of course
that amount is akin to water flowing into a bath with the plug out. It will
never be completely empty of water so long as the taps are open; for taps read
fines imposed daily. In some southern states of America if, after all attempts at
getting unpaid fines in have failed, imprisonment on the basis eg of $1 unpaid
= one day inside is actioned . I have witnessed such sentencing. It is quick
and effective. There is none of the shilly shalishing that is the approved
procedure here to get in what`s owed. But for a multitude of reasons the
American example will never be considered here. It would be considered
illiberal for a start and the current thinking within the Justice Ministry
would be more likely to lobby to bring back hanging than undertake any new policy
likely to increase the jail population. So once again we have the tail wagging
the dog until perhaps the “Daily Believe It” publishes the scandal of fines
remitted annually owing to offenders being considered unable ever to meet their
obligations this side of 3000 A.D.
Attempts have been made to reduce this deficit. In Widnes in 2011 the local council and Her Majesty`s Court and Tribunal
Service opened a fines surgery for defaulting offenders to be
encouraged to come up with at least some of the readies owed for their own law
breaking. That scheme has closed. The tail is not just wagging the dog; the inmates are running the
asylum. Ah!..........I overlooked that we don`t have asylums anymore; it`s care
in the community.
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