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Fines in the Magistrates' Court - how are they calculated?
Fines in the Magistrates’ Court – how are they calculated?
The Court sets the fine starting point and range according to how serious the offence is. This takes account of both aggravating and mitigating features. Representations can be made before the offence is categorised in terms of culpability and harm caused. Reference is made to the specific Sentencing Guidelines for a particular offence.
Fines are categorised in bands:
The Court calculates your “relevant weekly income” (take-home pay after tax, National Insurance, and normal housing costs). You will be asked to fill in a means form (MC100) with the required information.
The Court can compel the disclosure of an individual’s financial circumstances ( pursuant to section 35 of the Sentencing Code). In the absence of this disclosure , or if the Court is not satisfied that it has been given sufficient reliable information, it can draw reasonable inferences as to the individual’s means. It can also conclude that an individual is able to pay any fine imposed if there is no financial information to the contrary.
If you are unemployed or on low income, the Court will use a standard minimum figure of £120 per week.
The judge or magistrates will then multiply your weekly income by the percentage for that specific fine band. The amount is adjusted up or down within the band’s range based on aggravating and mitigating factors.
If you enter a guilty plea , the Court will reduce the fine by up to one-third.
The final fine cannot breach any maximum legal limit for that specific crime. However, many offences now have unlimited fines.
For more information or free initial advice about any criminal matter please contact us on 01606 592159.