Court officers to pursue unpaid fines

Offenders who fail to pay court fines could have their cars and other property sold off under new proposals.

It is absolutely essential, for public confidence to remain in the fine, that it is not seen as a synonym for getting off

Lord Irvine

New fines officers appointed at every court in England and Wales will have the power to dock offenders' benefits or wages.

The officers could also employ bailiffs to seize property or clamp and sell cars if offenders do not pay up.

The proposals are contained in the government's wide-ranging Courts Bill, introduced in the House of Lords on Friday.

Written-off

The bill paves the way for the biggest shake-up of the court system in decades.

Other proposals include:

• Increasing fines by up to 50% to penalise late payment
• Reducing punishment for prompt payment
• Making those who truly cannot pay do unpaid community work
• Making courthouses safer by introducing uniformed security officers with the power to search, detain and eject people

About £40 in every £100 of court fines currently goes unpaid, according to the Commons public accounts committee, making the system "almost voluntary".

Last year, £148m was written off.

Abuse

The new system is designed to ensure prompt payment.

But Lord Chancellor Lord Irvine denied fines officers would be able to abuse their position.

He said: "I have complete confidence that these will be officials who will exercise their powers responsibly."

He also insisted there were "no constitutional objections" to allowing the officers to vary punishments set by magistrates and Crown Court judges in open court.

Streamlining

He said fines were an important tool in keeping the prison population down.

But, he added, "It is absolutely essential, for public confidence to remain in the fine, that it is not seen as a synonym for getting off."

Lord Irvine also wants to streamline the country's antiquated court system into a single administrative unit.

The changes will see the 42 Magistrates Court Committees and the Court Service which oversees the Crown Courts combined into a new single administrative system.

A new independent Inspectorate of Courts Administration will oversee the performance of Magistrates and Crown Courts.

Newspapers

Courts will also be given the power to order anyone who causes a trial to be called off to pay the costs - which sometimes run into millions of pounds.

This could affect newspapers which publish information prejudicing a fair trial and people who attempt to intimidate witnesses or influence the jury's decision.

Lord Irvine will also be given the power to modernise court titles, with female judges to be officially called Lady Justice of Appeal, rather then Lord Justice of Appeal.

He said he had not yet thought through all the possible changes this might involve, but added Mistress of the Rolls may not be "consumer-friendly" enough.

"Lady Chancellor has a wonderful ring to it," he added.

Lord Irvine claimed the new system will mean fewer delays and introduce more consistency into the administration of justice.

It will mean witnesses can expect the same standard of service, "whether they live in Bristol or York," he added.