How fines are calculated and enforced in the criminal courts
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“The vast majority of criminal cases are heard in the magistrates’ court where fines are the most common form of sentence ... the fine must reflect the seriousness of the offence and the means of the defendant.”
How much will I be fined?
In the scheme of sentencing, fines lie below community orders and custodial sentences, although fines for serious criminal offences by businesses can be very high, such as the fine for money laundering offences of almost £265 million in the case of R v National Westminster Bank, Southwark Crown Court, 13 December 2021.
The vast majority of criminal cases are heard in the magistrates' court where fines are the most common form of sentence.
When imposing a fine, the court will consider (1) what level of fine is available for the offence; (2) the Sentencing Guideline that applies to the offence it is dealing with (which will evaluate the seriousness of the offence); (3) the defendant's means to determine their ability to pay.
In short, the fine must reflect the seriousness of the offence and the means of the defendant.
“125 Exercise of court’s powers to impose fine and fix amount
(1) The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence.
(2) In fixing the amount of any fine to be imposed on an offender (whether an individual or other person), a court must take into account the circumstances of the case including, in particular, the financial circumstances of the offender so far as they are known, or appear, to the court.”
Read on for how the courts decide on the amount a person should pay, together with a worked example in a speeding case, plus how fines are enforced and how ‘wiful refusal or cuplable neglect’ can result in imprisonment for non-payment of a court fine.
Fines in the magistrates' court
Defence-Barrister.co.uk | Making Sense of the Criminal Courts
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