Action of Furthcoming
A court action taken by a person who is owed money (the creditor) against a third party. The third party holds money belonging to the person who owes the money (the debtor). The third party can’t give the creditor the money unless the debtor allows it or unless the court orders it. The creditor can get a court order by taking this action. For the purpose of this manual, the Fines Enforcement Officer may raise the action to get money arrested in an offender’s bank account which the offender will not let the bank release.
Arrestment of Funds Order
AFO – an order made by the court which freezes money in your bank account until SCS instructs the bank to release it to pay your fine.
Arrears
Amount of financial penalty that is overdue.
Arrestment
The seizure by law, of money held by a third party (for example, a bank or building society), or of a person’s wages.
Civil Diligence
The use of a legal process against a debtor (for example, arresting your wages or your bank account). For the purpose of this glossary, the term debtor includes a fine payer.
Collection Order
The English and Welsh equivalent to an Enforcement Order.
Conditional Offer
An offer of a fixed penalty made by the Procurator Fiscal, or the police, to an alleged offender as an alternative to prosecution.
Deduction from Benefit Order
DBO – an order made by the court which allows the DWP (see below) to deduct money from your benefits and pay it directly to the court. The court then pays the money towards your fine.
Default
Failure to pay a fine by the agreed payment terms.
Diligence
See Civil Diligence.
Earnings Arrestment Order
EAO – an order made by the court instructing an employer to make regular deductions from an employee’s wages which are paid directly to the court. The court then pays the money to the employee/your fine.
Enforcement
Execution, carrying out, administration.
Enforcement Order
EO – an order made by the court setting out the payment rate of a fine, explaining what will happen if the fine isn’t paid, and giving the Fines Enforcement Officer the power to take action.
Fines Enforcement Court
FEC – a court dealing only with offenders who have financial penalties and who can’t or won’t pay their fines.
Fine
A financial penalty, including for the purpose of this glossary, a Compensation Order.
Justice of the Peace
JP – a lay person who sits in judgement in a JP court.
Justice of the Peace (JP) Court
JP Courts may be presided over by:
• in Glasgow only, a legally qualified Stipendiary Magistrate; and
• elsewhere, a JP who is not legally qualified, but who is supported by a legal assessor (a qualified solicitor). The maximum sentence that a Stipendiary Magistrate may impose is:
• 12 months imprisonment or a fine of £10,000.00. The maximum sentence that a JP may impose is:
• 60 days imprisonment or a fine of £2,500.00.
The court may be presided over by one or more JPs. Some courts sit with three JPs on the bench.
Mandate
Instruction.
Procurator fiscal
PF – the public prosecutor in Scotland.
Sheriff Court
Sheriff Courts deal with cases under both solemn and summary procedure. They are the only courts with this jurisdiction. The maximum sentence that a Sheriff Court may impose is:
• 5 years imprisonment or an unlimited fine under solemn procedure; or
• 12 months imprisonment or a fine of £10,000.00 under summary procedure.
Supervised Attendance Order
A SAO - an order made by the Court as an alternative to imprisonment if you default in payment of their fine. You must attend a place of supervision and carry out instructions given by his Supervising Officer.
Scottish Ministers
The Scottish Parliament.
Sheriff
The judge in a Sheriff Court – an experienced solicitor or advocate appointed by the Queen.
Sheriffdom
A regional area. For legal purposes, Scotland is split into 6 regions called Sheriffdoms. Each Sheriffdom has a Sheriff Principal who has responsibility for the conduct of the courts in that region.
Seizure of Vehicle Order
SVO – an order made by the court which allows your motor vehicle to be clamped, kept in storage and sold. Money received from any sale is then paid towards your fine.
Transfer of Fine Order
TFO – an order made by the court transferring a fine elsewhere within the United Kingdom.