Summary Justice Reform

Fines Enforcement Officers in SCS

The Post

Recent reforms to summary justice in Scotland mean that, from December 2007, SCS staff will collect and enforce fines using a number of revised procedures and processes. The Fines Enforcement Officer (FEO) post has been developed because of these reforms and FEOs will be operating within SCS by December 2007.

Local management structures regarding the location and numbers of FEO posts have still to be decided. However, six FEO posts will initially be advertised at Higher Executive Officer (HEO) level. Further FEO posts will be advertised at Executive Officer (EO) level.

The 1995 Criminal Procedure (Scotland) Act, as amended by the 2007 Act, has introduced new ways of collecting and enforcing fines. The system is now largely administrative. The FEO, rather than the JP or Sheriff, will be responsible for the enforcement process. One of the aims of the 2007 Act is to lessen the involvement of the police and courts in that process.

As a result of the changes, fines will now be mainly collected and enforced after the court has made an Enforcement Order (EO). The EO tells the offender how he should pay his fine, and what will happen if he doesn’t pay.

The EO allows the FEO to enforce payment of the fine by using a range of sanctions including:

  • Deduction from Benefits Orders (DBO);
  • Earnings Arrestment Orders (EAO);
  • Arrestment of funds Orders (AO); and
  • Seizure of Vehicle Orders (SVO).

Importantly, it also allows the FEO to give help and advice to offenders who are genuinely having difficulties in paying their fines.

Responsibilities

The FEO will have clear responsibility for:
  • collecting and enforcing fines;
  • giving advice to offenders about how to make payments;
  • supporting those who want to pay and are struggling;
  • taking a range of actions against those who won’t pay;
  • making sure that offenders keep to the terms of the EO; and
  • making sure that offenders know what will happen if they don’t keep to the terms of the EO.

The FEO is also responsible for collecting and enforcing fines when the court has not made an EO. He or she must check all fines closely and take steps if an account falls into arrears.

One of the main aims of the new law is that the system is both fair and efficient. The FEO and their team will look at and agree payment plans with offenders as soon as possible after a fine is imposed. The FEO must keep in close contact with, and support them for as long as their fines are unpaid. The FEO can also refer them to outside agencies for advice about their fines and other debts.

However, the FEO can still refer offenders back to court as a last resort. They can do this if they think that it is unlikely that an offender is going to pay his fine and or when all FEO sanctions have been exercised. The Justice of the Peace (JP) or Sheriff can impose an alternative sentence, including imprisonment or a Supervised Attendance Order (SAO). They may also remit the fine.

In these cases, the FEO will have to prepare written reports for the court. The FEO may also have to attend the court personally if the JP or Sheriff asks for more information.

The FEO may also tell the JP or Sheriff about an offender’s past history of paying fines before they sentence him. This will help them to decide whether a fine is the most suitable sentence.

If an offender has unpaid fines in more than one court in Scotland, one FEO will supervise all of that offender’s fines. Then that FEO can co-ordinate any sanctions taken against the offender.

The FEO must also lead and supervise support staff within their business unit. The FEO will be responsible for any enforcement action taken within their unit. The FEO will be involved in the SCS Individual Performance Review (IPR) system.

Summary

The FEO will meet a wide and diverse range of customers and must remain both neutral and understanding at all times.

The job is important in making sure that SCS is successful in collecting and enforcing fines. FEOs will be involved in driving forward changes to existing law. In line with this, FEOs will need to have a good knowledge of the Criminal Justice system.

The Job Description for the FEO post at HEO level (Pay Band 3, points 15 – 19) will be posted online later next month. However, if in the meantime you would like to speak to a member of the Fines and Financial Penalties Project Team for further information regarding the role of FEO, please telephone 0131 240 6663.