penalty fines versus income
penalty fines versus income
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Discussion

DBSV8

Original Poster:

5,958 posts

268 months

Tuesday 4th April 2006
quotequote all



how is this calculated , for a fine based on your income ?

if you are self employed ?

do you declare you are on such and such ?

is this checked ?

........no have not been done for any offence just curious

justinp1

13,363 posts

260 months

Tuesday 4th April 2006
quotequote all
DBSV8 said:



how is this calculated , for a fine based on your income ?

if you are self employed ?

do you declare you are on such and such ?

is this checked ?

........no have not been done for any offence just curious



The form you have to fill in asks you for all your income and outgoings. When I chose to fight my case in court I did not fill out the form on the principle as someone who is not guilty, why should I be forced to take the actions of a guilty man.

The form itself I believe states that if you are self employed you have to provide an independant verification from an accountant etc. This I also took grievance with. I was told that if I did not fill it out I would be guilty of an offence and would be subject to a futher fine, in the end I just filled it out and guessed. It does state that if you willingly lie about your income you can be subject to further punishment, as I suppose you have supplied false information to the legal proceedings.

So, if you are not guilty and self employed to come to court and state your case you have to pay your accountant to verify your income to fill out their form.

I seem to remember that when I defended myself in North Wales I filled out the form. When I went to appeal though at sentencing the judge just asked me how much I earnt and approximately how much diposable income I had. That took 10 seconds and to be frank saved a huge amount of bureaucracy.

SS2.

14,712 posts

268 months

Tuesday 4th April 2006
quotequote all
DBSV8 said:
is this checked ?
Reliably informed by a man on the inside that they are rarely, if ever, checked...

TangoAlpha

1,175 posts

284 months

Tuesday 4th April 2006
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I took a speeding ticket to court many years ago.

Having been stitched up by a Constable lying on the stand, I wasn't in the best mood

The magistrates left to ponder their decision (me v. copper, hmmmm, I wonder who will win) the clerk of the court came over and wanted to discuss what would happen if I were to be found guilty and fined.

I told her that I was unemployed and couldn't afford much. She stated that weekly payments would be acceptable but the court could not accept a level of less than £2 per week as it costs most of that to process the payment.

In come the magistrates and surprise, surprise, I'm found guilty. Head magistrate then states that I am to be fined £60 plus £30 costs.

On asking how I would like to pay this, I mention that I am currently unemployed and would not be able to pay it all in one go. Magistrate then suggests that I could pay weekly and I agree. How much can you afford to pay, he asks. "£1 per week" I reply. Magistrate agrees and bangs his gavel.

Oh to have seen the look on the clerks face

blueyes

4,799 posts

282 months

Wednesday 5th April 2006
quotequote all
and then there's what happened to me...

stitched up by 2 plod sat on the hard shoulder of the M5. Wouldn't give me a FPN and so it went to court for 99.1.


Anyway filled in the earnings form so that it showed I had bugger all spare cash.. so they only gave me a £60 fine...... and SIX points.

Thanks guys!

turbobloke

117,293 posts

290 months

Wednesday 5th April 2006
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Marxism by the back door. Sterilise the lot of em.

cooperman

4,428 posts

280 months

Wednesday 5th April 2006
quotequote all
I don't think that there is any legal requirement to declare your earnings to anyone except the Inland Revenue unless you choose to so do. However, failure to declare your earnings in the case of a calculation regarding the level of fine could result in the magistrates increasing the fine to a very high amount.
It's your choice to tell them to "mind their own business" or to give in and confirm your earnings. Either way, you pay!

turbobloke

117,293 posts

290 months

Wednesday 5th April 2006
quotequote all
cooperman said:
I don't think that there is any legal requirement to declare your earnings to anyone except the Inland Revenue unless you choose to so do. However, failure to declare your earnings in the case of a calculation regarding the level of fine could result in the magistrates increasing the fine to a very high amount.
It's your choice to tell them to "mind their own business" or to give in and confirm your earnings. Either way, you pay!

Yes that's true, and like I said, Marxism by the back door.