Magistrate court fines 'may rise substantially’

Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales.

Justice Minister Jeremy Wright said financial penalties "set at the right level" were an effective punishment for offenders.

"Magistrates are the cornerstone of our justice system and these changes will provide them with greater powers to deal with the day-to-day offences that impact their local communities," he added.

His proposals could also see magistrates having unlimited fining powers for offences where there is currently a maximum of £5,000 or more.

Any new legislation would first have to be debated in Parliament but there is no current timetable for any such discussion.

Custody 'option remains'

Most driving offences that could involve a fine in magistrates' courts are subject to specific maximums, known as levels, which currently range from £200 to £5,000 and Some cases, such as environmental offences, can involve even higher fines.

Magistrates take into account the seriousness of the offence when setting the fine level.

Whilst the amount of a fine must reflect the seriousness of the offence, the court must also take into account the financial circumstances of the offender - in other words, their ability to pay.

This applies whether it has the effect of increasing or reducing the fine. Normally a fine should be of an amount that is capable of being paid within 12 months.

The aim is for the fine to have an equal impact on offenders with different financial circumstances.

It should be a hardship but should not force the offender below a reasonable "subsistence" level.

So, someone on benefits caught speeding on motorway, is not going to be given a £10,000 fine that they have no realistic prospect of paying.

The Ministry of Justice said custody would "continue to be used for serious offenders and fines will not become an alternative for those who would otherwise be sent to custody".

Rupert Lipton, director of the National Motorists Action Group, described the proposals as "disproportionate and draconian". He said: "I think it will have a serious chilling effect. We will find motorists will be deterred from going to court where they believe they are not guilty of an offence and there is a potential challenge."

However, the government is only now tabling the appropriate legislation to put that ruling into effect.