§ Mr. BarnesTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will list for each magistrates' court in Derbyshire for the last year for450W which figures are available (a) the total amount of fines imposed, (b) the percentage of that money collected, (c) the amount of fines written off as uncollectable and (d) the criteria used for writing that money off. [51094]
§ Mr. HoonFigures for(a) and (c) are shown in the table, together with explanations. The table also shows the amount collected in the same period. The percentage figure (b) has not been calculated because the amounts collected do not relate directly to the amounts imposed. Write off (d) is authorised only when all realistic steps to enforce sums due have been taken without success, and the circumstances fall within one of those listed in the note to the table.
April 1997–March 1998 £ (a) (b) (c) Fines Imposed Amount collected Written off Chesterfield 2,114,436 1,882,373 155,780 Derby and South Derbyshire 2,109,029 1,738,910 425,398 East Derbyshire 1,201,207 548,292 678,794 Grand total for Derbyshire MCC 5,424,672 4,169,575 1,259,972 Notes:
(a) Fines imposed includes fines, costs, compensation awards and contributions to Legal Aid
Also included are fines etc. imposed at other courts which have been transferred to this court for enforcement. Fines etc. imposed locally but transferred out to other courts for enforcement have been excluded
(b) Amount collected includes payments against amounts imposed in previous years as well as the current year, and amounts remitted by the courts, but exclude amounts written off
(c) Amounts Written Off may have been imposed in previous years as well as the current year
(d) Criteria for write off
The defendant's/defaulter's whereabouts are unknown and cannot be traced
The defendant/defaulter is known to have emigrated or gone abroad and there is very little real prospect of return or recovery of the sum The defendant/defaulter has died. However if a fine was involved and the fine itself was particularly high, the justices clerk may wish to consider whether the estate has benefited from the crime. Only if it is clear that it has, should consideration be given to lodging a claim against the estate and any subsequent request to write off should show this has been done and the outcome of the action
The defendant has been sent to a mental health institution for a period of 12 months or more
The court has despatched a notice to a defendant who was not present in court informing him in error of a lesser fine, contribution to costs order that the court imposed—in such cases the balance would be considered for write-off
The sum outstanding is less than £5 and is considered to be not worth pursuing
As a result of subsequent proceedings the defendant is sentenced to imprisonment for a period of 12 months or more
The sum was imposed or awarded against a limited company which has subsequently been wound up or, where there are no goods on which to levy distress, the company has ceased trading and it is not considered financially worthwhile for the court to initiate
A serviceman has been sentenced to a period of military corrective training
The defendant has moved permanently to Scotland
Other, where circumstances for write off are not covered by any of the above criteria, and grounds for write off are provided in a separate note
Source:
Magistrates' Courts Management Information System 1997–98.