Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘fines

Enforcement of judgments

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One of the challenges for the civil justice system is knowing how to enforce judgments made by the courts that money should be paid by the losing party to the winner. At the heart of this issue is the problem of whether someone cannot pay (because they just do not have the resources) or won’t pay (because they won’t).

The rules relating to enforcement agents working for both the High Court and County Court were amended with effect from April 2014, and a review of the first year of operation of the new rules was started a year later in 2015. The results of that review were published in April 2018.

The results of the review are not in themselves particularly startling though there are indications that the new rules are beginning to have some impact, both in relation to the behaviour of enforcement agents, and in encouraging people to come to an agreement before their possessions are actually seized for sale (the usual objective of enforcement action in civil cases).

This is very much work in progress. Indeed, a significant component of the big Transformation Programme is the Transforming Compliance and Enforcement Programme (TCEP) which is upgrading systems in HMCTS’s National Compliance and Enforcement Service, used to enforce court orders such as penalties and compensation. If this works, this will have impact across the whole of the justice system, not just civil justice, as it will also deal with fines and compensation orders made in criminal courts.

For the one year review, see https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695833/one-year-review-bailiff-reform-web.pdf

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Written by lwtmp

June 8, 2018 at 10:32 am

Increasing sentencing powers of magistrates

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In the Legal Aid, Sentencing and Punishment of Offenders Act, 2012, provision was made (section 85) to give magistrates greater flexibility in the fines that they may impose. Offences are divided into 5 levels – the least serious are level 1 offences, the most serious level 5. Up to now, the maximum fine for level 5 offences has generally been £5000 (although there are special circumstances where the maximum is set at a higher level). Regulations have now been made and brought into force (15 March 2015) whereby, for offences which attract a level 5 sentence, magistrates now have power to impose fines without any cap being imposed.

This will mean that in cases where magistrates want to impose higher fines for level 5 offences, they will no longer have to send cases to the Crown Court for sentence.

Magistrates who want to impose a prison sentence of more than 6 months still have to commit such cases to the Crown Court for sentencing.

The fact that magistrates in future will have increased sentencing powers will not mean that they will automatically be increasing their sentences; indeed this is likely to happen in only a small number of the most serious cases.

The Sentencing Council gives detailed guidance on the appropriate amount of fines to be imposed within each level . These relate both to the seriousness of the offence and the means available to the defendant. See

http://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_October_2014.pdf
For Ministerial statement see https://www.gov.uk/government/news/unlimited-fines-for-serious-offences

Written by lwtmp

May 4, 2015 at 11:09 am