"Means Form" for the court
Discussion
I have been sent a Citation from the Procurator Fiscal regarding a speeding offence.
I was stopped by the Police up in the highlands for doing 86 in a 60. Pleading guilty by post is the only option as I'm working at sea (infact it's going to be bloody tight to get the form out to me and back by the deadline).
My question is regarding the "Means Form" - Rule 16.1(3)(b).
It states at the top that I'm not required by law to return it but it may help if I do.
So, I'm assuming I don't want the court to know that I have a healthy weekly income? Won't that encourage a bigger fine?
I have been googling and some sites say that the form must be filled in but it does clearly say not required. Is this for lower income people who may not be able to pay a fine?
On another note, I assume a good mitigation letter would be sensible?
Appreciate any help
I was stopped by the Police up in the highlands for doing 86 in a 60. Pleading guilty by post is the only option as I'm working at sea (infact it's going to be bloody tight to get the form out to me and back by the deadline).
My question is regarding the "Means Form" - Rule 16.1(3)(b).
It states at the top that I'm not required by law to return it but it may help if I do.
So, I'm assuming I don't want the court to know that I have a healthy weekly income? Won't that encourage a bigger fine?
I have been googling and some sites say that the form must be filled in but it does clearly say not required. Is this for lower income people who may not be able to pay a fine?
On another note, I assume a good mitigation letter would be sensible?
Appreciate any help
Edited by BullyB on Saturday 2nd July 18:13
I'm not b
hing, its fair enough. I just wasn't aware that fines were based on income.
I'm going to plead guilty by post but as the means form is not required by law I just wanted some opinions/advice - I had not heard of it before and searching wasn't bringing much up.
It does look like the means form is designed to assist people with low income and little/no savings as the court will not give a fine that will inevitably go unpaid.
Points are probably a higher punishment than a fine in some cases as insurance goes up etc.
As I say, no bhing and not trying to dodge the punishment 
hing, its fair enough. I just wasn't aware that fines were based on income.I'm going to plead guilty by post but as the means form is not required by law I just wanted some opinions/advice - I had not heard of it before and searching wasn't bringing much up.
It does look like the means form is designed to assist people with low income and little/no savings as the court will not give a fine that will inevitably go unpaid.
Points are probably a higher punishment than a fine in some cases as insurance goes up etc.
As I say, no b
hing and not trying to dodge the punishment berlintaxi said:
BullyB said:
So, police hide behind trees to catch speeders. Then ask how much money they have so they can give a suitable fine.
People break the law, then bh when caught.
As far as I can see the op isn't b
hing he's asking for advice.I'm currently awaiting a summons for speeding myself and am debating the same - lower my income for the month with huge pension contributions to take me to a "on benefits" level (with pain caused to my spending in the S/T) or more likely not return it at all, in this event they'll assume an income of £440p/w
Their income assumptions are net of tax, benefits level is £110 p/w
Their income assumptions are net of tax, benefits level is £110 p/w
kiethton said:
...or more likely not return it at all, in this event they'll assume an income of £440p/w
Correct.kiethton said:
Their income assumptions are net of tax, benefits level is £110 p/w
No, the current RWI for those on benefits or very low earnings is £120p/wk.The full definition of RWI can be found here - https://www.sentencingcouncil.org.uk/explanatory-m...
I went though same for 96 in a 70, Procurator Fiscal job, pled guilty by letter & chose to not complete the means for.
I read somewhere they based it on Thirty something if not completed.
At the time I was on more than that & had no significant outgoings.
5pts & £300 fine for me.
The one thing that did interest me was one of my roadside questions was "what do you do for a living" I wondered why that was relevant at the time
I read somewhere they based it on Thirty something if not completed.
At the time I was on more than that & had no significant outgoings.
5pts & £300 fine for me.
The one thing that did interest me was one of my roadside questions was "what do you do for a living" I wondered why that was relevant at the time
Form is simple. Don't fill it in, I assume you earn £35k per year and will fine you on that basis and you h age no grounds to appeal. Fill it in and I fine based on facts. So £1000 and you're on benefits you can appeal. Don't fill it in! I fine you a grand and tough! !
Entirely up to you? Fine on facts, or average earnings.
Entirely up to you? Fine on facts, or average earnings.
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