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Monday 3 November 2014

EACH ACCORDING TO HIS MEANS OR NOT



Motoring  courts can vary from the sublime to the ridiculous; from the rational to the ludicrous.  Two matters of speeding in the absence of the defendants who had submitted guilty pleas and mitigation were withdrawn by a most reasonable prosecutor owing to admitted inefficiencies in processing the cases.  Two non appearance guilty pleas to speeding at 37MPH in a 30MPH zone were illustrations of all four previously written adjectives.  A lawyer represented the absent Mr A and explained that his client had not filled in the form where income is requested because he was a very wealthy man whose  income varied from absolutely enormous to beyond belief.  He was some top flight fund manager.  He had been driving a 2014 Ferrari at the time.  Being a level 3 offence and having pleaded guilty he was fined £666 plus costs and surcharge and 3 penalty points.  The way the spirits direct such matters the very next non attendee, Mr B, with his guilty by post letter had written that although he was offered a Fixed Penalty Notice he was unable to accept it because being on benefits he had no spare money.  We assumed his income at £110 and fined him £35.00 with costs and surcharge bringing that sum up to £140.00 plus the iniquitous 3 points. He might have been better off borrowing the £100 for the speeding ticket from Wonga.

There are some who consider that such disposals do not reflect each according to his means.  I leave you, the reader, to judge.

3 comments:

  1. "bringing that sum up to £140.00 plus the iniquitous 3 points. He might have been better off borrowing the £100 for the speeding ticket from Wonga."

    Almost certainly not. On top of the 4+ months or so "interest free" whilst the case was pending, I assume you gave him time to pay (or will do if so requested) £10 / fortnight is quite a common rate for those on very low incomes. So he'll have 6 months to pay his £140. In contrast Wonga will have racked up £140 from a £100 loan after 34 days; and by six months it would be about £480.

    I'm sure some "desperate" people have resorted to Wonga to pay fines and avoid court - if only they realised that the court is there to be fair to all manner of people and thus not excessively punitive either.

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  2. As a Scottish JP I see a lot of road traffic cases. If a defendant comes before me and has not been able to pay the conditional offer due to financial constraints i.e. being on benefits, then I do not see why they should be further punished. I will, almost always, restrict the fine to that of the conditional offer and offer "time to pay". The ubiquitous points will, of corse, be imposed as normal.

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    1. "The ubiquitous points will, of corse, be imposed as normal." And there's another expense.......... greatly increased insurance premiums....which the government will take 10% of ! Always follow the money to find out "Who benefits"

      It always seems to be government, using Magistrates to fill their coffers.

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