Author Topic: A hypothetical question, court fines  (Read 152 times)

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roythebus

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A hypothetical question, court fines
« on: July 08, 2024, 07:50:35 pm »
Something occurred to me while reading a few posts this evening. My own position is that I'm a pensioner and work part-time bus driving. If someone in my position got "done" for a motoring offence that involved a fine, would the mags have to take into account earnings up to the date of conviction and possible driving ban/revocation? The state pension is barely enough to live on, much like those on state benefits possibly just get "enough" to live on (depending what newspapers you read).

So loss of licence would mean no part-time work, a percentage of zero is zero. A percentage of state pension is likely to mean not heating or eating or not paying the rent.

I hasten to add this is NOT my situation nor is it "askin' for a friend. Maybe New Judge would be in a position to offer an answer. Just genuine curiosity.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.

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NewJudge

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Re: A hypothetical question, court fines
« Reply #1 on: July 09, 2024, 09:32:48 pm »
As you know, Roy, fines are levied based on multiples of your income. If that income was to be depleted as a result of you being banned from driving the court would be bound to take that into consideration. If your resultant income was just the State Pension they should use that to calculate your fine.

JoCo

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Re: A hypothetical question, court fines
« Reply #2 on: July 10, 2024, 01:13:00 pm »
I often wondered how this was pan out in my case.

I took redundancy, after 26 years.  So a substantial payout. I don't expect to work again.

I wish to put off touching my pension as long as possible; so no 'income'. 
I am living off savings.


In the event of a court case, how would my 'income' be calculated?  By the amount of money I have taken from my savings in the last year?

Whilst it may not be unfair if, ahem, I was given a minimum fine, presumably there are others in the world with no formal 'income' but millions in the bank. 

The Rookie

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Re: A hypothetical question, court fines
« Reply #3 on: July 10, 2024, 01:17:57 pm »
In the event of a court case, how would my 'income' be calculated?  By the amount of money I have taken from my savings in the last year?
A minimum income of 120/week is used.
https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/3-definition-of-relevant-weekly-income/
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