Cant Afford It

[jju7289]

I was in Court back in december and ordered to pay ?3000 in compensation a 14 week jail term suspended for 2 years and 240 hours community pay back. After the court hearing i lost my job due to the fact i now have a criminal record and as a result was not able to make payments on my compensation. As soon as i lost my job i phoned the fines department and they told me i had to go back to court. I am due to appear before the courts on monday i was wondering if you could advise me on what the possible outcome of it will be?

[New Judge]

As your circumstances have significantly since the compensation order was made you will have to explain this to the court. They should re-assess the order bearing in mind your current finances.

[jju7289]

Would they look at the "activating" my suspended sentance or just look at what i can afford?

[New Judge]

No.

For the sentence to be activated you would have to fail to comply with the “requirements” of your suspended sentence (the 240 hrs) or commit another offence. If you fail to pay the compensation (either wilfully or negligently) that is another matter. You could ultimately be committed to prison if you fail to pay and the court considers you could have, but it is separate and apart from your suspended sentence.

At this stage you need to explain to the court your new circumstances and let them make a decision on the compensation order.

[zipppy]

Hi,

sorry for the late reply.

Something similar happened to me recently where a Court appearance led to my dismissal at work. In fact I was dismissed before any Court appearance commenced.

Like you I couldn't pay the fines. I didn't claim benefits and didn't have any work. After two appearances at my local Magistrates Court I was committed to Belmarsh prison for 1 month.

Regards to your current predicament, telephone the fines office and request a 'means test form' where you populate each field with details of your exact outgoings. Take this to the Court with you and hand it to the Clerk of the Court when your hearing begins. The Magistrates will evaluate your situation and determine a relevant payment plan. The minimum payment allowed if £5.00 per week which can be paid over the telephone via an automated service.

The Magistrates will insist you pay the compensation. They cannot write-off such a fine as they can with an alternative one.

Failure to comply with the Court order is detrimental. A Bailiff can be instructed by the Court to reposses your belongings. You can have your car impounded, or you will be subjected to a prison term. If you 'opt' for the later the fine will be written off on your release. However, a sum of £3000 could see a sentence passed of up to 3 months. And because the nature of the offence is Civil and NOT criminal matter you may need to serve the entire sentence before release is possble. That depends on the prison and the prison Govenor. I was lucky in that Belmarsh Prison is chronically overcrowded and I was thus released before I served my full sentence. Also note that one of my cell-mates was gang affiliated and in prison for murder. Y ou never know who you'll share with.

I hope this helps, if you require further information please ask,

Zipppy.