Method of imposing fines

[Dannywhiltshire]

Hi.

 

Aplogogies in advance if this has been posted in the wrong place ^_^;

 

I am just curious if anyone here could shed some light on the way in which, or the method in which that a court will decide upon a fine in absence of evidence of persons earnings etc. That is to say, in a persons absence from the Court room, when they (the Court) impose a fine what are the guidlines that they work upon?

 

I'm sure I have read somewhere on here at some time that without a statement of earnings and expenditutres they "pressume" that you earn £350 a week. Is this right?

With this method that they use do they then take into account a standard presumtion of what weekly/monthly expenditures are as well?

 

Thanks in advance,

your humble poster

 

Danny

[honeybee13]

Hello there.

 

In the thread linked below, post #5, Old-CodJA explains how the court is likely to calculate the penalty if no earnings are declared.

 

I believe you can send details of earnings if you don't attend court, hopefully someone will confirm this.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?315358-Court-Summon-fare-evasion-Means-form-Employer&highlight=llkkqq

 

My best, HB

[SRPO]

Simply put, the guidelines say £350 fine for fare evasion with intent & £175 for no intent if proved in absence.

There is no thought given to what a persons outgoings are.

[Old-CodJA]

Yes, SRPO is right in that those are what the Magistrates use as 'entry points' to the level of fine imposed in 'average cases'.

 

That means that in both intentional fare evasion and no intent breach of Byelaw cases, the maximum fine that Magistrates can impose is £1000, but they will start with a figure equal to the national average weekly wage and go up, or down from there according to how serious the case is.

 

If there is no previous history and you don't tell the Court what you earn, they will assume an average weekly wage of £350 and fine someone who is convicted of intentional fare evasion £350 and for the less serious charge, will impose a fine of £175. Don't forget, they are also likely to order the defendant to pay the prosecutors costs (or part of them) plus the unpaid fare, plus a victim surcharge of £15 imposed by the last government on everyone fined by Magistrates.

 

There are 'adjustment' factors to be taken into account too. If there were what the Magistrates might call 'aggravating factors' such as abusive or offensive language and/or behaviour, or actions that necessitated the rail staff calling Police to assist, the Magistrates may choose to impose a bit higher fine and will tell the Legal Advisor to mark the file accordingly.

 

On the other side of the exchange, if a defendant pleads guilty at the first hearing (earliest opportunity) the Magistrates will give credit for an early guilty plea and will reduce the fine accordingly.

[Dannywhiltshire]

Yes, SRPO is right in that those are what the Magistrates use as 'entry points' to the level of fine imposed in 'average cases'.

 

That means that in both intentional fare evasion and no intent breach of Byelaw cases, the maximum fine that Magistrates can impose is £1000, but they will start with a figure equal to the national average weekly wage and go up, or down from there according to how serious the case is.

 

If there is no previous history and you don't tell the Court what you earn, they will assume an average weekly wage of £350 and fine someone who is convicted of intentional fare evasion £350 and for the less serious charge, will impose a fine of £175. Don't forget, they are also likely to order the defendant to pay the prosecutors costs (or part of them) plus the unpaid fare, plus a victim surcharge of £15 imposed by the last government on everyone fined by Magistrates.

 

There are 'adjustment' factors to be taken into account too. If there were what the Magistrates might call 'aggravating factors' such as abusive or offensive language and/or behaviour, or actions that necessitated the rail staff calling Police to assist, the Magistrates may choose to impose a bit higher fine and will tell the Legal Advisor to mark the file accordingly.

 

On the other side of the exchange, if a defendant pleads guilty at the first hearing (earliest opportunity) the Magistrates will give credit for an early guilty plea and will reduce the fine accordingly.

 

Excellent. Thanks to all replies.

 

No worry about the offensive behaviour, I have never had any issues of that kind.

I think that I do earn approx £350.

By the by If I sent my proof of earnings what form would that take, a payslip? DO I have to show a bank statement as well?

[SRPO]

You will get sent or if you attend court will be asked to fill out a means inquiry form, there is no requirement to provide a bank statement or payslip.

[Old-CodJA]

You will get sent or if you attend court will be asked to fill out a means inquiry form, there is no requirement to provide a bank statement or payslip.

 

Yes, in most cases the prosecutors office will send Form MC100 (Statement of means) with the summons etc. The key thing is to remember that you must be truthful in completing that form.

 

If the Court find out later that you have been untruthful you could face a much more serious penalty and there is a reminder to that effect printed on the form.