THE £BILLION SCANDAL OF UNPAID FINES

 

07. Jul. 2010. – 16:13:09

I had hoped to avoid any post that had even the most distant relationship to the short sentences debate but like Homer Simpson when he sees a doughnut I can`t keep my mouth shut.

The protagonists of that debate consistently propose increasing the use of financial penalties in order to reduce custodial sentences......as if magistrates are not doing that when the circumstances are appropriate. I have previously commented that at any time there is currently half a billion pounds outstanding in unpaid fines. Seems the National Audit Office has now issued updated and comprehensive figures for outstanding confiscation orders, fines, compensation and legal costs. A summary from the Magistrates` Association website is copied below.

The Magistrates' Association reads with astonishment the National Audit Office report that there is a staggering £1.3billion in unpaid confiscation orders, fines, compensation and legal costs. At a time of financial constraint with 103 courts threatened with closure to save money the failure to secure such a large amount of potential income will be considered by magistrates to border on negligence. The large sums uncollected send an unacceptable message to offenders, undermine the sentences of the courts and are a significant blow to public confidence.

Criminals will rejoice that they can retain the proceeds of their offending behaviour despite court orders. Magistrates were criticised recently for not imposing more fines to provide funding to service the justice system. They will now be rightly angry that the sentences they impose appear not to be adequately managed. Victims awarded compensation for the hurt and distress they have been caused continue to suffer. Magistrates are reporting a reduction in the number of courts with resultant delay in hearings and trials. The significant amount of unpaid costs would be more than sufficient to employ enough prosecutors to service all our current courts without further court closures. The MA appreciates these figures are a legacy of a previous administration and is therefore willing to engage with the review it believes is necessary to restore the confidence of both the magistracy and the public.

Notes for Editors:
The £1.3 billion is made up as follows:£706 million in unpaid confiscation orders;£350 million in unpaid fines; £150 million in unpaid compensation orders; £110 million in unpaid legal costs.

Clear and unambiguous information such as this which is lacking in many areas of public accountability is certain to fuel backbenchers` demands that "their" local court is exempt from closure. I predict the Rt Hon K.Clarke will be eating hubris over his precipitate announcement and that reasoned argument might at long last inform the debate.