The Collection of Fines (Pilot Scheme) and Discharge of Fines by Unpaid Work (Pilot Schemes) (Amendment) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order establishes a single scheme for piloting, in all local justice areas, the various provisions of Schedule 5 (collection of fines) to the Courts Act 2003(1). This is the final pilot scheme and it replaces the national and local pilot schemes that were established under the Collection of Fines (Pilot Schemes) Order 2004(2), as amended. This Order also amends the Discharge of Fines by Unpaid Work (Pilot Schemes) Order 2004(3), with the effect of extending those schemes for a further year ending 31^st March 2007.

This Order comes into force—

(a) for the purposes of establishing a pilot scheme for the Collection of Fines, on 27^th March 2006

(b) for the purposes of extending the Discharge of Fines by Unpaid Work (Pilot Schemes) Order 2004, on 30^th March 2006.

The provisions of the Order (with the exception of the amendment to the Discharge of Fines Unpaid Work (Pilot Schemes) Order 2004) will cease to have effect on 2^nd July 2006.

Modifications of Schedule 5 (collection of fines) to the Courts Act 2003

Article 5(b) amends the application of Schedule 5 to the Courts Act 2003 (the “2003 Act”), with the effect that the final scheme will apply to the collection of any sum imposed on conviction (such as fines, costs or sums required to be paid under compensation or confiscation orders), regardless of whether those sums are imposed together with a fine, or on their own without a fine.

Article 5, paragraphs (a), (m), s(iii), t(i)(bb) and (x) are consequential to article 5(b).

Article 5, paragraphs (c), (e) and (f) 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 5(e) also ensures that the provisions of Part 3 (attachment of earnings orders and applications for benefit deductions) apply in every case where the relevant court is dealing with a person who is liable to pay a sum imposed on conviction (“P”), other than where the court is hearing an appeal.

Article 5, paragraphs (d) and (i) remove those provisions giving discounts for early payments.

Article 5, paragraphs (k) and (n) together remove those provisions imposing automatic increases in fines.

Article 5, paragraphs (h), (l), (o) to (q) and (s) are consequential to article 5(k) and (n).

Article 5(r) specifies a further step available against defaulters. This step allows a fines officer to take enforcement proceedings in a county court or the High Court, where a third party debt order or a charging order can be made to secure the payment of the sum due.

Article 5(u) inserts a new provision allowing the court to increase a fine in cases where P is in default on a collection order due to his wilful refusal or culpable neglect.

Article (t)(i)(aa) and (t)(iii) allows the court, on the referral of a case to it under paragraph 42 of Schedule 5, to exercise any of its standard powers whilst keeping the collection order in place, if required.

Article (t)(ii) removes the reference to the fines collection regulations.

Article 5(v) removes the power to make provision in fines collection regulations for cases that are transferred from one area to another. That power was required only for the purposes of transferring a case from a pilot local justice area to a non-pilot local justice area and this Order now establishes a national pilot in all local justice areas.

Article 5(x) substitutes the definition of “standard powers in respect of persons liable to pay fines”, with the effect that those powers will no longer be applied (with or without modifications) by fines collection regulations. Instead, the standard powers will be all of those powers that the court would have had if a collection order had not been made under Schedule 5, but P had been liable to pay the sum due.

Modifications of the Attachment of Earnings Act 1971

The modifications to the Attachment of Earnings Act 1971(4) (the “1971 Act”) apply only for the purposes of the fines collection pilot scheme established by this Order.

Article 6(a)(i) removes the power of a court to make an attachment of earnings order (“AEO”) under the 1971 Act to secure the payment of a sum imposed on conviction. It ensures that the only powers and obligations to make AEOs in relation to those sums, are the powers and obligations under Schedule 5 to the 2003 Act.

Article 6, paragraphs (a)(ii) and (b) to paragraph (i) ensure that the relevant provisions of the 1971 Act apply to AEOs made by the court, or by the fines officer under Schedule 5 to the 2003 Act.

Article 6(c)(i) disapplies the provisions about applications for AEOs in cases where the AEO is to be made under Schedule 5 to the 2003 Act. Schedule 5 gives powers to, and imposes obligations on, the courts and fines officers to make AEOs of their own motion.

Article 6(c)(ii) repeals the powers to make attachment of earnings orders, without the need for an application, in relation to fines and compensation orders. This is because those provisions are superseded by equivalent powers contained in Schedule 5 to the 2003 Act, as modified by this Order.

Article 6, paragraph (d)(ii) and (iii) and paragraph (k) together ensure that, where an AEO is made under Schedule 5 to the 2003 Act, the deductions from earnings are calculated and made in accordance with fines collections regulations made under Schedule 5 to the 2003 Act.

Article 6(j) inserts a definition of “the fines officer” into the 1971 Act.

Modifications of the Magistrates' Courts Act 1980

The modifications of the Magistrates' Courts Act 1980(5) (the “1980 Act”) apply only for the purposes of the fines collection pilot scheme established by this Order.

Article 7(a) allows the court to issue a warrant of arrest to secure P’s attendance before it following his failure to appear in answer to a summons issued by a fines officer by virtue of Schedule 5 to the 2003 Act.

Article 7(b) allows the fines officer to take proceedings in the High Court or county court (where, for example, a charging order or third party debt order can be made) to recover a sum imposed on conviction. This is one of the “further steps” specified in paragraph 38 of Schedule 5 to the 2003 Act, as modified by this Order.

Article 7, paragraphs (c) to (e) ensure that the provisions relating to the transfer of fines, from one area or jurisdiction to another, apply to fines that are being enforced under Schedule 5 of the 2003 Act. It also allows a fines officer to make the relevant order for transfer.

Article 7(f) ensures that any warrant of distress issued by a fines officer under Schedule 5 to the 2003 Act, can be executed in the same way that a warrant of distress issued by a justice of peace is executed.

Article 7(g) inserts definitions of “collection order” and “the fines officer” into the 1980 Act.

(1)

2003 c. 39.

(2)

S.I. 2004/175, as amended by S.I. 2004/1406, S.I. 2005/487, S.I. 2005/642, S.I. 2005/2410 and S.I. 2004/3166.

(3)

S.I. 2004/2198, as amended by S.I. 2005/563.

(4)

1971 c. 32.

(5)

1980 c. 43.