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| Magistrate court fines 'may rise 300%' under new plans | Magistrate court fines 'may rise 300%' under new plans |
| (35 minutes later) | |
| Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales. | Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales. |
| The highest maximum limits, for offences including motorway speeding, could increase from £2,500 to £10,000. | The highest maximum limits, for offences including motorway speeding, could increase from £2,500 to £10,000. |
| Other speeding, driving without insurance and selling alcohol to a child could also see increases. | Other speeding, driving without insurance and selling alcohol to a child could also see increases. |
| Justice Minister Jeremy Wright said financial penalties "set at the right level" were an effective punishment for offenders. | 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. | "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. | 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. | Any new legislation would first have to be debated in Parliament but there is no current timetable for any such discussion. |
| Custody 'option remains' | Custody 'option remains' |
| Most 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. | Most 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. |
| Some cases, such as environmental offences, can involve even higher fines. | 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. | Magistrates take into account the seriousness of the offence when setting the fine level. |
| 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 don't believe they are guilty of an offence and there is a potential challenge." | |
| Analysis | |
| Clive Coleman, BBC legal correspondent | |
| The fact that the maximum fine at level 4 for speeding on a motorway is being increased to £10,000 does not mean that is the sum an offender will have to pay - even if their speeding is at the most serious end of the scale. | |
| 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 hurtling down the motorway at excessive speed, is not going to be given a £10,000 fine that they have no realistic prospect of paying. | |
| But James McLoughlin, from road safety charity Brake, backed tougher penalties for speeding drivers. | |
| He said: "Speed is one of the biggest killers on our roads and, through the support we provide for victims of road crashes, we bear witness to the devastating effects of speeding. | He said: "Speed is one of the biggest killers on our roads and, through the support we provide for victims of road crashes, we bear witness to the devastating effects of speeding. |
| "Limits are there for a reason, and more needs to be done to deter those who choose to put other road users at risk by breaking them." | "Limits are there for a reason, and more needs to be done to deter those who choose to put other road users at risk by breaking them." |
| 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". | 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". |
| Record high | |
| The proposed changes would see: | The proposed changes would see: |
| • The Level 1 fine maximum increase from £200 to £800. Offences which may be dealt with by a Level 1 fine include unauthorised cycle racing on public ways | • The Level 1 fine maximum increase from £200 to £800. Offences which may be dealt with by a Level 1 fine include unauthorised cycle racing on public ways |
| • Level 2 increases from £500 to £2,000. Offences include driving a motor cycle without a protective helmet | • Level 2 increases from £500 to £2,000. Offences include driving a motor cycle without a protective helmet |
| • Level 3 increases from £1,000 to £4,000. Offences include the sale of alcohol to a drunk person or being drunk and disorderly in a public place | • Level 3 increases from £1,000 to £4,000. Offences include the sale of alcohol to a drunk person or being drunk and disorderly in a public place |
| • Level 4 increases from £2,500 to £10,000. Offences include speeding on the motorway | • Level 4 increases from £2,500 to £10,000. Offences include speeding on the motorway |
| Magistrate fines collected at the end of 2012/13 reached a record high of £284m and continued to rise during the last financial year, the Ministry of Justice added. | Magistrate fines collected at the end of 2012/13 reached a record high of £284m and continued to rise during the last financial year, the Ministry of Justice added. |
| The Legal Aid, Sentencing and Punishment of Offenders Act 2012 allowed magistrates the power to impose unlimited fines for certain offences. | The Legal Aid, Sentencing and Punishment of Offenders Act 2012 allowed magistrates the power to impose unlimited fines for certain offences. |
| However, the government is only now tabling the appropriate legislation to put that ruling into effect. | However, the government is only now tabling the appropriate legislation to put that ruling into effect. |