§ Mr. BennettTo ask the Parliamentary Secretary, Lord Chancellor's Department if he will list for each magistrates court in Greater Manchester for the last available 12 month period(a) the total amount of fines imposed, (b) the percentage of that money collected, (c) the amount of fines written off as uncollectible and (d) the criteria used for writing that money off; and if he will list for Stockport and Tameside courts (i) the number of attachment of earnings orders issued by each court to collect (1) fines and (2) reparation orders and (ii) the number of orders made by each court to deduct fines and other money from social security payments. [44113]
§ Mr. Hoon(a) and (c): available figures with explanations are shown in the table. (b): the table shows amounts collected. The percentage figure requested has not been calculated because the amounts collected do not relate directly to the amounts imposed. (d): write off is authorised only when all realistic steps to enforce the sums due have been taken without success, and the circumstances fall within one of those listed in note (d) to the table.
(i) attachment of earnings orders issued by Stockport and Tameside are recorded for combinations of fines, compensation orders and costs, and fines cannot be given separately. In Tameside, there were 18 attachment of earnings orders, one of which is for reparation only. In stockport, there were 79 combination orders. (ii) there were 107 deductions from social security payments orders made in Stockport. Tameside do not have a record of deductions from benefit for the financial year, but currently have 264 orders.
486W
Fine enforcement in Greater Manchester, financial year ended 31 March 1998 £ (a) Fines imposed April 1997– March 1998 (b) Amounted collected April 1997– March 1998 (c) Written off April 1997–March 1998 Bolton 1,801,383 1,483,528 309,804 Bury 1,537,487 1,735,555 209,364 Wigan 3,353,711 1,931,838 969,962 City of Salford 1,967,127 1,451,724 515,082 Rochdale 1,700,999 1,422,680 165,240
Fine enforcement in Greater Manchester, financial year ended 31 March 1998 £ (a) Fines imposed April 1997– March 1998 (b) Amounted collected April 1997– March 1998 (c) Written off April 1997–March 1998 Manchester 5,379,016 2,651,005 3,213,474 Oldham 1,728,821 1,120,522 663,025 Stockport 1,488,313 1,230,576 446,333 Tameside 1,740,336 1,699,110 355,742 Trafford 1,583,768 895,112 798,673 Grand Total 22,281,961 15,621,650 7,646,699 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 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.