The Collection of Fines (Pilot Schemes) (Amendment) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Collection of Fines (Pilot Schemes) (Amendment) Order 2004 (“the 2004 Order”). The 2004 Order established schemes for the piloting of different provisions of the fines collection scheme contained in Schedule 5 of the Courts Act 2003. The initial stage of the piloting has been completed and evaluated and this Order has the effect of extending the period of the 2004 Order to allow piloting to continue and to implement changes to the scheme as identified by the evaluation. There will now be one local pilot scheme piloting all aspects of the proposed new scheme rather than several local pilot schemes piloting different parts. Article 4 amends the existing national pilot scheme and article 5 the existing local pilot schemes.

This Order is being commenced (article 1(1)(a)) on 30th March 2005 for the purposes of extending the operation of the 2004 Order, before it would otherwise cease to have effect. Other amendments made by this Order come into force on the 1st April 2005. This is because certain amendments are made in relation to the commencement of the unified administration provisions in the Courts Act 2003 on the 1st April 2005, which will alter the references to “petty sessions areas” and remove the post of “justices' chief executives”.

Articles 3(1)(b) and (2) and 4(6) are being made to update references in the 2004 Order to be consistent with alterations being brought into force on 1st April by the unified administration provisions in the Courts Act 2003.

Articles 3(1)(a), 4(4) and 5(3)(a) amend the definition of a “sum due” or “sum imposed” to incorporate the collection of costs and compensation into the scheme where they are imposed on their own without a fine.

Article 4(2) ensures that the national pilot applies to all local justice areas apart from those listed in the Schedule.

Articles 4(3) and (5)(the inserted (bb)(i)) and 5(3)(b), (3)(d)(i) and (e) remove the definition of immediate payments and alters the scheme so that no difference is made between the treatment of cases where an offender is required to pay immediately or is given time to pay.

Article 4(5)(the inserted (bb)(ii)) and 5(3)(d)(ii) provide for a fines enforcement court to impose orders under Part 3 of Schedule 5 to the Courts Act 2003 on any outstanding fine that is in default that comes before it, although the court does not have to consider this as the first option when the case is before the court because of an appeal against a fines officer’s decision.

Article 5(inserted 3) ensures that the local pilot schemes apply to the areas listed in the Schedule.

Article 5(3)(b)(ii) moves the definition of “default on a collection order” from paragraph 20 of Schedule 5 of the Courts Act 2003 and places it in the definition of existing defaulter so it is not lost when Part 5 of Schedule 5 is omitted.

Articles 5(3)(c) and (g) omit any discounts from the pilot schemes.

Articles 5(3)(f), (h), (i), (j), (k), (l), (m), (n), (o), (q) and (r) removes the automatic nature of increase from the pilot schemes and allows it to be imposed at the discretion of the court.

Article 5(3)(p) allows the court to exercise its standard powers and keep a collection order in place if required.

Article 6 replaces the Schedule with a list of local justice areas to which the local pilot scheme in Article 5 is applied.