§ 66 After Clause 45, insert the following new clause:
§ Alteration of maximum periods of imprisonment in default of payment fines etc.
§ "For the Table in paragraph 1 of Schedule 3 to the Magistrates' Courts Act 1952 (maximum periods of imprisonment in default of payment of fines etc.) there shall be substituted the following Table:—
| "TABLE | |
| An amount not exceeding £25 | 7 days |
| An amount exceeding |
| £25 but not exceeding £50 | 14 days |
| An amount exceeding £50 but not exceeding £200 | 30 days |
| An amount exceeding £200 but not exceeding £500 | 60 days |
| An amount exceeding £500 but not exceeding £1,000 | 90 days |
| An amount exceeding £1,000 but not exceeding £2,500 | 6 months |
| An amount exceeding £2,500 but not exceeding £5,000 | 9 months |
| An amount exceeding £5,000 | 12 months."." |
§ 67 Clause 47, page 36, line 11, after "sum", insert "or sums".
515§ 68 Clause 47, page 36, line 12, leave out "was" and insert "were".
§ 69 Clause 47, page 36, line 14, after "sum", insert "or sums".
§ 70 Clause 47, page 36, line 15, leave out "as appears" and insert "or sums as appear".
§
71 Clause 47, page 36, line 21, at end insert—
(d) the Table in paragraph 1 of Schedule 3 to the Magistrates' Courts Act 1952 (maximum periods of imprisonment in default of payment of fines etc.)".
§ 6.51 p.m.
§ Lord HARRIS of GREENWICHMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 66 to 71. If I may, I will speak also to Amendments Nos. 87, 145, 162, 164, 166, 171, 174, 195 and 197. All these, except No. 145, are consequential on Amendment No. 66. The new clause, Amendment No. 66, amends the ratio of maximum periods of imprisonment which may be imposed for fine default to the amount of money outstanding. The present table provides that for a sum not exceeding £2 a maximum sentence of seven days may be imposed, for between £2 and £5, 14 days for £5 to £20, 30 days, for £20 to £50, 60 days and for more than £50, 90 days may be given. As the House will see from the figures in the new clause we have drastically amended the relationship between the sum and the period.
The Amendment goes beyond the adjustment which would have been necessary to take account of inflation and this reflects a growing concern about the practice of imprisoning fine defaulters. Amendment No. 145 alters the fine enforcement procedure to ensure that magistrates may only imprison those defaulters who have failed to pay a fine through wilful refusal or culpable neglect. The two taken together will, I hope, greatly reduce the number of fine defaulters in prison. On 30th June 1976, of a sentenced male prison population of 28,093, 1,149 prisoners, or just over 4 per cent. were there through defaulting of the payment of fines.
All the evidence we have indicates that it is the threat of prison rather than the actual time served that is effective in ensuring the payment of fines. I know of no suitable alternative sanction, in the last analysis, for fine defaulters other than imprisonment, but given that it is the 516 sight of a warrant of commitment that in many cases results in payment, I feel that it is absolutely right to reduce the liability to longer periods of imprisonment and this is what the new clause seeks to do. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Harris of Greenwich.)