Warrant for my husbands arrest due to unpaid speeding fine

[star*]

Just had a note put through the door this morning from hmcs, saying my husband needs to contact them urgently by phoning the court officer direct or going into see the courts fines officer to avoid being arrested for unpaid fines.

 

Had a stressful few months with post natal depression, a bereavement an my husband got made redundant in august, we've done the usual bury head in sand thing, and didnt realise the enormity of the situation, the fines add upto around £1000 which we were going to dispute, as my husband is out of work any advice on what our next port of call is?

 

Obviously my husband needs to go an see the fines officer asap, but any info wd be much appreciated thankyou

[firstclassx]

You're unlikely to be able to dispute a court fine, sorry, especially if you have been deliberately "avoiding" the situation.

 

I think he should immediately surrender to either a police station or the court. You need to determine whether the warrant is with, or without bail.

 

If it is without bail, he will be imprisoned (probably just overnight) pending a trial date. If it with bail, he will be told to come back to court at a later date.

 

Don't surrender on a Friday or weekend though, as he may have to wait until Monday morning for trial, which means if it is a warrant without bail, he is stuck in a cell!

 

If the police haven't got a clue what's going on if he surrenders to them, I doubt there is a warrant and it is just a threat of getting a warrant to make him pay up. An arrest warrant is circulated to various people via PNC, including the police, UKBA, HMRC etc.

 

When he actually gets to court for the proper trial, he will only be sentenced to a few months if the magistrate's/judge believes he is deliberately and willfully failing to pay.

 

I obtain these warrants all the time for serial fare evaders who don't turn up at court. Being arrested in such circumstances doesn't mean you are guilty, it just means you aren't trusted to abscond before you appear at court.

[star*]

We were not deliberatly avoiding the situation at all, we have had a tough time , an the thought that my husband could be locked up makes me distraught!

[firstclassx]

Burying your hand in the sand, as you said, is deliberately avoiding the situation!

 

BUT, I don't think a judge would say you are willfully doing so, you are more doing it because of upsetting personal circumstances, and will probably arrange some sort of payment plan.

 

Worst case is 1-2 days in prison waiting for a court date, if they even have a warrant that has no bail allowance.

 

Does the letter say:

 

 

DO NOT IGNORE THIS NOTICE

 

I AM IN POSSESSION OF A NO BAIL WARRANT FOR YOUR ARREST

 

IT IS IN YOUR OWN interest TO SURRENDER AT > MAGISTRATES WARRANT OFFICE AT .

 

It will be considered favourably by the court if you surrender yourself rather than being arrested by the Court Officers.

 

IF YOU DO NOT SURRENDER YOU WILL BE ARRESTED YOU COULD BE HELD IN CELLS OVERNIGHT. YOUR CREDIT RATING COULD ALSO BE AFFECTED.

 

THIS IS YOUR FINAL CHANCE TO AVOID ARREST

 

COURT ENFORCEMENT OFFICE

[star*]

The note advises him to go and see the fines officer which he will do this afternoon

[firstclassx]

Feel free to see a solicitor before he goes though! You usually get a free consultation. Just pop into one near the court.

 

I don't think he will be held unless he can't agree some sort of payment plan though.

[star*]

No it says a warrant has been issued for your arrest, you are urgently required to contact the enforcement officer or go an see the fines officer to avoid being arrested

[Aretnap]

£1000 sounds like a lot for speeding fines for an unemployed person. Usually a court fine will be based on his ability to pay - but if he didn't complete statement of means which came with the summons the court will have assumed his income is £400/week when setting the fine. If his income is lower than this (I assume it is, if he's unemployed) it's worth taking some evidence of his actual income to the fines officer and asking if level of the fine can be reconsidered in light of his actual situation.

 

Another thing he needs to do is contact the DVLA and check whether his driving licence is still valid. If he was required to surrender it to have the points added and didn't do so it may have been revoked, which would mean he'd have to apply for a new one, and would be committing further offences if he drove in the meantime.

[star*]

Basically the fines amount upto around £1000 part of it was from a fine from years ago which actually was the dvla's fault, they never updated our details that we had moved, all my husband is on his way now to see the fines officer, i just hope that it gets sorted an he doent get arrested:(

[firstclassx]

Any update?

[vax2002]

They are many types of warrant, if a live arrest warrant was in force, the last thing they would do is write to tell him so.

The warrant would be issued to the warrants office and the police team would have picked it up the same day and knocked the door.

 

Now what paper work has been sent from the courts, when was the hearing and why did he not turn up ?

This looks more like an attempt to get him to start paying the fine and costs.

He will have received numerous letters, they need to be sat down with and read through.

 

He may be able to file an appeal if this is a DVLA penalty notice.

But we need a lot more details of exactly what you are referring to.

The court office can not change any fine, penalty due to circumstances, an appeal has to be lodged against the sentence and the level of punishment is re-heard by a panel of 3 judges.

They often kick most of the charges in to touch that get passed in a magistrates court.

[Raykay]

A letter is often the first step in these circumstances, as in post 4.

[vax2002]

Would depend what type of warrant.

On an arrest warrant, they dont write to tip you off first.

 

They send it to the local bridewell who have a police warrants team that go out each day round em up.

They explain the warrant at the desk.

[Raykay]

If it's an HMCS arrest warrant, a letter from a court officer similar to that in post 4, is often the first step.

[Jodhi1306]

Would this information show up on a CRB or pre enployment screening ?

[Frankfist]

 

Don't know if this was resolved but they have six months to prosecute you for civil offences, after that they have no power over you.

 

You can not be arrested for a civil offence, no magistrate working under their oath can sign a warrant for your arrest over a civil matter. Ask to see the warrant, in most cases the signature is a illegible scrawl and there will be no name under it stating who signed the warrant, there for it is not a legal document and you have the right to ask who signed the document.

 

A police officer can not arrest you for a civil offence. They can ask you for your details but you don't have to give them either if you have not committed any criminal offence. A police officer a judge or a magistrate under oath are there to enforce criminal laws and keep the peace, the local council and enforcement officers are there for civil but they don't have any arrest powers unless your breaking a criminal law.

 

Hope this helps.

[sailor sam]

Not sure how this is relevant to a 'civil' case as the OPs case was do do with speeding fines which would of been dealt with via mags court anyway. But for your information there are certain civil actions in which a county court can issue warrants of arrest. Failing to comply with an Oral Examination order is one that springs to mind.

 

If you are going to give input to the forum, kindly research your information before posting.