§ Mr. David PorterTo ask the Secretary of State for the Home Department what guidance he has given clerks of courts in using discretion on unit fines; what steps he is taking to see that guidance is being followed; and if he will make a statement.
§ Mr. JackGuidance on the assessment of disposable weekly income, which is a judicial function, describing the powers available under the unit fine scheme, was issued to the chairmen of each magistrates court bench and to all clerks to the justices under cover of a Home Office letter dated 31 July 1992. Following a meeting with my right hon. and learned Friend on 4 May, the Magistrates Association issued a bulletin to its members dated the same day encouraging maximum use of existing discretion. It is not for my right hon. and learned Friend to advise magistrates on how they should exercise discretion within the law: that is entirely and properly a matter For the courts.