Collection and Enforcement of Criminal Fines and Financial Penalties

The fine is the most widely used sentence in the criminal justice system in Scotland. Fines are imposed in over 60% of cases after conviction. As long as courts collect and enforce fines effectively, they are very often the most suitable sentence in less serious criminal cases.

Plans to improve the ways in which we collect and enforce fines (including court imposed fines, compensation orders, conditional offers by the procurator fiscal and fixed penalty notices) were announced by the Scottish Executive in March 2005 in the Smarter Justice, Safer Communities, Summary Justice Reform Next Steps paper.

Some of the aims of the package of reform contained in that paper included:

  • Maintaining a system that is both fair and efficient;
  • Making sure that the fine is a credible sentence;
  • Making it clear to those who "play" the system that we will actively pursue them if they do not pay their fines.

The Smarter Justice paper emphasised the importance of developing a fines collection and enforcement system that could achieve these aims. It suggested that this could be done by changing the present structure, and by extending the enforcement actions we use against those who do not pay.

These changes, and other wide ranging reforms, have now been introduced by the Criminal Proceedings etc (Reform) (Scotland) Act 2007(the 2007 Act).

One of the major changes brought in by the 2007 Act is the creation of a new officer known as a Fines Enforcement Officer.

The Fines Enforcement Officer (FEO) has the power to enforce court imposed fines, compensation orders, conditional offers by the procurator fiscal (such as "fiscal fines") and other fixed penalty notices. The FEO will play a central role in making sure that we can achieve a system that is both fair and efficient.

The main role of the FEO is to:

  • Enforce unpaid fines;
  • Give information and advice to offenders about how to make payments;
  • Support offenders who want to pay and are struggling; and
  • Use a range of sanctions against those who can pay but choose not to.

In future, when a court grants an offender time to pay a fine, it will also make an Enforcement Order for that fine. The Enforcement Order moves responsibility for the enforcement of the fine from the court to the FEO. At the same time it allows the FEO to take certain actions to recover the fine if it is not paid. While an Enforcement Order is in force the court cannot imprison an offender who defaults in payment.

The Enforcement Order allows the FEO to:

  • order deductions to be made directly from the offender's benefits;
  • arrest the offender's earnings, if the offender is employed;
  • arrest funds in the offender's bank or building society account;
  • seize a vehicle belonging to the offender. The vehicle can be sold to clear the unpaid fine (although that would need an order of the court); and
  • refer the case back to court, as a last resort, with a report about the circumstances of the case.

After an Enforcement Order has been made, the offender may apply to the FEO for a change in the payment terms. The FEO may:

  • allow more time to pay; or
  • change the instalment rate by allowing lesser instalments or longer gaps between payments.

The offender may also apply to the court for a review of a decision by the FEO to:

  • vary payment terms;
  • refuse to vary payment terms; or
  • make a Seizure of Vehicle Order.

The court may confirm, vary or quash the decision of the FEO. The court's decision is final. The offender has no right of appeal.

FEOs will not be introduced into Justice of the Peace (JP) courts (currently district courts) until unification of the summary courts has taken place. After unification, the Scottish Court Service will be responsible for the collection and enforcement of all fines.

The 2007 Act also provides for regulations to be made for further FEO functions.