NCJ Number
167016
Date Published
1996
Length
4 pages
Annotation
This analysis of the extent to which magistrates' courts in England and Wales use different approaches to the use of fines after the enactment of the Criminal Justice Act 1993 revealed three main categories of guidelines for fines in operation.
Abstract
Study data came from 75 percent of justices' clerks in England and Wales. Results suggested that the three main categories of guidelines in operation were the Magistrates Association Guidelines (55 percent), the Magistrates Association Guidelines with modifications (28 percent), and an informal unit fine approach (17 percent). In addition, 60 percent of the clerkships had at least one enforcement panel. For all categories, prosecution costs and applications for compensation were almost invariably awarded in full, and all courts took account of defendants' income when prescribing the rate at which fines were to be paid. However, panels from the unit-fine courts were more consistent in sentencing decisions and graduated fines more radically in accordance with defendants' incomes. Findings also revealed that participants believed that a clear mechanism should exist for guidelines to account for defendants' means and local economic factors. They also recommended regular training for sentencers and attention to the payment duration as well as rate.