Fines and How to Pay Them
If you have committed a criminal offence, you may be fined in Court. You can also be fined instead of going to Court e.g. for traffic offences. This leaflet explains fines, and what you can do if you are having difficulty in paying one. It does not cover your legal position before and during a trial. If you are charged with an offence, you should contact a solicitor immediately. If you have a defence you might be acquitted and receive no punishment. In general, it is a good idea to see a legal aid lawyer on any criminal matter.
Minor offences: fiscal fines and fixed penalty traffic offences
This leaflet does not explain the details of fixed penalty traffic offences. If you receive a fixed penalty notice, it will explain the procedure. If you are not sure what to do, seek advice. You may receive a fiscal fine for a minor offence, e.g breach of the peace, prostitution or fly posting, if the Procurator Fiscal is satisfied that the evidence against you justifies a prosecution. Instead of taking you to Court, the Fiscal may write to you giving you the chance to pay a fine. This may range from £25 to £100 depending on the offence, and you are usually allowed to pay by instalments. If you accept there is a reasonably strong case against you, complete the form the fiscal sends and return it within the 28 day time limit with your first instalment.
If you pay the first instalment within the time limit, you will not be prosecuted and no conviction will be recorded. If you do not pay the first instalment within the time limit, you may be prosecuted and may end up with a conviction and a much higher fine. However, if you do not want to pay the fine because you think you are not guilty of the offence and receive a Court summons then you should take advice from a lawyer about defending your case when it comes to Court.
If you start paying instalments and run into financial difficulties, write to the Clerk of Court, asking to reduce the amount of each instalment. The Clerk will probably deal with this by writing to you - (s)he might arrange a meeting to discuss the matter.
The court fine
If your case is taken to Court then when the Court fines you, it may order you to pay by instalments; the first instalment to be paid in 7 or more days.
If you are not represented by a lawyer at Court then you should tell the Court about your financial circumstances as this might affect how much you are expected to pay in each instalment.
The Court may, however, ask you to pay your fine by a one off lump sum, payable in 7 or more days. If you have been ordered to pay the fine in a lump sum but would find it easier to pay by instalments, you should write to the court giving your reasons. If you have any papers which show your financial circumstances then you should enclose these. You should say how much and how often you could afford to pay. The Court will usually agree to allow you to pay by instalments unless they think you can afford to pay a lump sum.
Compensation orders
If someone else has been affected by your offence, e.g. you have damaged their property, then the Court may order you to pay them money. This is called a Compensation Order and is collected by the Clerk of Court who then pays it to the person. This is in addition to your fine. The fine and the compensation order are added together to consider how much you should pay in each instalment.
Paying the fine and compensation order
When you are fined you will be told where to pay the fine and any compensation order. You will either be told this in Court or you will receive a letter from the Clerk of Court telling you where you should make your payments. When making any payments, always attach a note of your:
- name;
- address;
- date of birth; and
- your case reference number (if possible).
You should ask for a receipt. If you send a postal order or cheque, enclose a covering letter and keep a copy.
If you need more time to pay
You can apply to the Court if you need more time to pay a lump sum fine or instalments. You should apply in writing, either on a special form which you can obtain from the Court, or by letter. The letter should say why you have not kept up the payments (e.g. change in financial circumstances) and how much extra time you need. Enclose any documents which support your new circumstances, such as a redundancy notice. The Court will consider your application. It will usually allow you extra time if satisfied that you have a good reason for not having paid, and that you are likely to pay if you have more time. The Court may also appoint a supervising officer, usually a social worker, who will advise and assist you in paying the fine. A solicitor, Law Centre, Citizens Advice Bureau or Money Advice Centre can help you complete the form or write the letter.
If you want to vary the instalments
If you are already paying by instalments you can write to the Court asking to have these varied, e.g. smaller amounts over more time. Your letter should give your reasons.
If you fail to pay
If you do not apply for more time to pay, and fail to pay either a lump sum fine or an instalment, the Clerk of Court may send you a reminder, usually after 7 days. Remember, you may not get a reminder. The Clerk of Court can issue a warrant for your imprisonment or for you to be taken back to Court as soon as you fall behind with payments. Whether you are to be sent to prison or taken back to Court depends on what was said at the Court Hearing when you were fined.
If the Court ordered imprisonment on non-payment, then a warrant for your imprisonment may be issued without you having to go back to Court. The police will be able to arrest you and unless you pay the whole fine immediately you will be imprisoned. If you know that you have missed an instalment or have not paid a lump sum fine on time, you should see a lawyer.
If the Court did not order imprisonment on non-payment when it said what fine you had to pay, it still may do so if you are falling behind with payments. Before ordering your imprisonment on non-payment, it will arrange a Court Hearing called a Means Inquiry to find out why you have not paid the fine. The Clerk of Court will send you a letter telling you when the Means Inquiry is taking place and you must attend. The Clerk could also issue a warrant for your arrest so that the police would bring you to Court. This might be done if, for example, you have not given the Court your correct address. At this Hearing, explain why you have not paid and any changes in your financial circumstances. If possible, show the Court any letters or documents which show your financial problems. Tell the Court if you have to pay any other fines. You may also ask at the Hearing for more time to pay or for your instalments to be varied. You are entitled to take a friend or advisor with you.
If you were represented originally by a solicitor, ask for their help
If you do not attend a Means Inquiry, it is very likely that a warrant for your arrest will be issued. You may be arrested and detained until a second Means Inquiry is arranged. If you are arrested and do not have your own lawyer, you should ask for the duty solicitor. Local lawyers take it in turns to be the duty solicitor which means that they are on call to help those who are arrested. At the second Means Inquiry, you will have to explain why you did not attend the first time.
If the Court accepts your reasons for not making the payments, it will probably grant you more time to pay and may also arrange for you to be supervised by a social worker. If the Court does not accept your explanation, it may order a warrant for your imprisonment. The length of prison sentence will depend on the amount of the fine that remains unpaid. If you serve your prison sentence you will not have to pay the rest of your fine. If, however, you have to pay a compensation order, this cannot be cancelled by a prison sentence and you will still have to pay. You would have been ordered to pay a compensation order at the same time as you were fined by the Court and you may have to pay this, for example, if you have damaged somebody else's property.
Remember ..
At any time before a warrant for your imprisonment is issued you can pay an instalment or write to the Court explaining your financial difficulties, and apply for more time to pay. Once a warrant for your imprisonment is issued, you can only avoid imprisonment by paying the whole fine to a police constable. Even if you are imprisoned, you can pay the fine or part of it to the prison governor. You will then be released or have your sentence reduced.
Supervised attendance orders
The Court can also decide to impose a supervised attendance order on you as an alternative to prison, if you have fallen behind with paying your fine. This involves attending a course run by the Social Work Department and can also involve some unpaid work. If you do not turn up at the classes or fail to do the work then you can be taken back to Court and sent to prison for up to 60 days for a district court case and up to 3 months for a sheriff court case. If you complete the course and work then you do not have to pay the rest of the fine. Again, however, it does not cancel out any compensation orders which have to be paid.
If you are under 21
The Court cannot imprison you if you are under 21, but it can impose a sentence for detention in a young offenders institution if you are aged 16 or over. Before doing this, it must obtain a report from a social worker about your circumstances.
If you have never been sent to prison before
If the Court is considering sending you to prison for the first time, then it must get a report from a social worker before it does so. This is called a social enquiry report and it will give the Court some information about your background before it makes its decision.
Other powers of the court
The Court can also order your fine to be recovered by civil diligence. This involves the Court ordering that certain possessions, such as your television or video, are seized and sold to pay off your fine, or that the fine is deducted from your wages or bank account. If this happens you should seek legal advice immediately.
Legal aid and representation
If you already have a lawyer you should contact him or her. However, the availability of legal aid for Means Inquiry Courts is limited and so your lawyer may not be willing to go to Court for a Means Inquiry. You can ask a Money Advice Centre, Advice Centre or Citizens Advice Bureau to represent you at a Means Inquiry.
Remember ..
If you fail to pay your fine and do nothing about it, you could end up in prison. However there are various options to make it easier for you to pay. If you are in doubt, consult a solicitor or your local Citizen Advice Bureau, Money Advice Centre or Law Centre.
The information based in this leaflet is based on the Criminal Procedure (Scotland) Act 1995
The law centres listed below can all help you ..
- Legal Services Agency, 3rd Floor, Fleming House, 134 Renfrew Street, Glasgow G3 6ST. Tel: 0141 353 3354 Fax: 0141 353 0354
- Castlemilk Law Centre (Castlemilk Residents only), 32 Dougrie Drive, Castlemilk, Glasgow G45 9AD. Tel: 0141 634 0313
- Govan Law Centre (Govan Residents only), 47 Burleigh Street, Govan, Glasgow G51 3LB. Tel: 0141 440 2503 Fax: 0141 445 3934
- East End Law Centre (East End Residents Only), 1018 Tollcross Road, Glasgow G32 8UW. Tel: 0141 778 8887
- Drumchapel Money and Advice Centre (Drumchapel Residents only), Unit 28, 42 Dalsetter Avenue, Drumchapel, Glasgow G15 8TE. Tel: 0141 944 0507
All of the above organisations offer legal advice and representation in social welfare and housing law. Phone for more information about surgeries and advice lines.
This article was written by various law centre solicitors.
It is reproduced here with permission.
Please read our disclaimer.
This article is for guidance only, it is advised that you contact a solicitor for legal advice relating to your individual situation.