A good read

[mikeymack2002]

After reading a paper or consultation paper I have read recently HERE reading part 6 on page 9 what does everyone else think about this?

I got here by reading a thread by TT in regards to a defence for Debtor charged under section 68(1) of TCEA 2007 with "intentionally obstructing a bailiff".

Am I right in thinking this looks like the start of something bigger to do with the enforcement of Court fines?

 

 

The link contained in the word "HERE" in blue shows the paper in full hence why I named part 6 page 9

 

 

Any thoughts please

[tomtubby]

Mikeymack

 

The document that you have provide a link to is a 'Research Paper" from March 2013 regarding the Committee Stage of the Crime & Courts Bill. Research Papers are vitally important and are provided for Members of Parliament and are kept in the House of Commons Library.

 

Regarding Part 6 on Page 9 you may be aware that I have made frequent mentions recently to these new proposals. One of the proposals is to contract out the functions of the FINES OFFICERS. This is actually at a very advanced stage. Tenders documents were issued earlier this year. The current position is that there is now a shortlist of three companies. The new contracts were due to take place very shortly (within the next two months) but have been slightly delayed. This new contract will change the way in which court fines are enforced. At present, HM Courts have allowed just four companies to enforce criminal fines. When the new 'contracting out' contract is awarded, just one company will enforce all criminal court warrants.

 

The second proposal is in respect of additional 'costs' that will be charged PRIOR to a warrant of control being authorised and this 'charge' relates to the costs of the FINES OFFICERS and is intended to cover the COURT COSTS of sending a letter, tracing offenders, arranging deductions from benefits or earning and sending a Further Steps Notice.

 

As you will see on the Research Paper the actual 'level' of this additional 'cost' is not mentioned. In fact, only about a month ago (18 months after the Research Paper) a further debate took place in the House of Commons on this very subject and it is fair to say.....there is a fair amount of concern at this proposal....and we still do not have any details of the 'actual' amount of the charge !!!

[tomtubby]

Mikeymack

 

The actual charging of 'costs' is not a novel idea and has been considered by HM Courts for at least the past 3 years that I know of. In fact, as you may well know, local authorities are permitted to charge a fee to cover THEIR COSTS in issuing a summons and applying for a Liability Order and typically, they charge a fee of approximately £100 to each debtor !!!

[mikeymack2002]

Hi TT didn't realise this was the paper you was discussing earlier, yes this maybe an old "paper" but having a discussion on it now will allow us to see what could come to pass.

 

 

With this in mind I posted up this paper, lets talk about the "fees" structure and what it will/could mean to those that have fines and eventually will have to pay them.

 

 

Also with this paper will a discussion be able to take place as in as much what will it mean to the defendant when it comes to pay their fines as well.

 

 

On another point will this be on top of the EA fess as well? If they get involved at some stage, if so I foresee a massive change in the amount the defendant could end up paying because they ended up in Court

 

 

I am thinking that the Courts will have a subsidy in as much as defendants will have to pay for their trial/case in the future, adding even more fees to the fines total.

 

 

This to me looks like the HMRC will end up being funded by the fines imposed by the Courts.

[tomtubby]

MM

 

The position of the government is that they consider that the running of the court should be borne by those who USE the court. The present position is that the actual AMOUNT of the new charge is not known but I will post a link to a recent debate on this important matter later today.

[mikeymack2002]

Thx TT