NCJ Number
113019
Journal
Magistrate Volume: 44 Issue: 7 Dated: (July 1988) Pages: 131-135
Date Published
1988
Length
5 pages
Annotation
In England and Wales, fines occupy a key position in the range of sentences available to courts, but inconsistency in the levels of fines imposed and enforcement problems limit their effectiveness.
Abstract
To remedy these problems, improvement is needed in the quality of defendant financial information available to the court at the time when the fine is imposed. Statement-of-means forms should be simplified and should include information on income, savings, expenditures, and needs. A habit of payment should be emphasized, with the defendant making a first payment at the time the sentence is imposed. There also should be a link between the day income is received and the day the fine is due. Consolidation of payments is essential in cases involving outstanding fines, including those from other courts. Obdurate defendants should be identified as soon as possible, and courts must activate appropriate enforcement measures promptly and firmly. In addition to available enforcement mechanisms, a power to award enforcement costs and to attach supplementary income from benefit programs is recommended. The use of a bail to back warrants could aid in ensuring defendants' appearance before sentencing and default courts. Remission of fines should be confined to cases where the defaulter has suffered a marked change in circumstances since the time of conviction. Money payment supervision orders should be undertaken by the probation services, and probation officers can aid in preparing means forms and presenting the defendant's case to the default courts. Magistrates should receive specific training in fines and their enforcement; the implementation of a day fine system should be studied.