Ministers Crack Down On Criminals on State Benefits
02 Dec 2004
The maximum amount of money that can be automatically deducted from fine defaulters' benefits will almost double from £2.80 to £5 a week.
The tough new measure targets offenders who either refuse to pay their fine or choose to have it deducted from their benefits. It achieves a balance between preventing hardship, such as imprisonment, whilst at the same time enforcing a personal and legal obligation.
More than 20,000 people have money automatically deducted from their benefits to pay off fines. It is estimated that about 90 per cent of cases will attract a deduction rate at the new level of £5 - that's about £400,000 a year.
Courts Minister Christopher Leslie said:
"Victims of crime expect justice. The general public expects justice. And the courts expect their orders to be obeyed. No-one is above the law. The increase in deductions from benefits makes it very clear that fine default will not be tolerated under any circumstances.
"Fines are a credible sentencing option when they are properly enforced, and the new measure will ensure that not only will debt be collected more quickly and victim compensation paid more speedily, but people can have greater confidence in the criminal justice system.
"There is only one way to escape punishment now; don't break the law in the first place."
The new amount which can be deducted from certain benefits comes into effect on 18 December and relates to new cases only. It does not affect cases where deductions for fines are already being made.
Benefits Minister Chris Pond said:
"The right to state benefits must be matched by a responsibility to the society which is paying for them.
"This action will help us collect fines and give the public confidence that fines are an effective deterrent to crime and credible alternative to prison.
"And the two Departments will strengthen their co-operation from next July, when magistrates' courts will be able to trace 'hard to find' defaulters by accessing Department for Work and Pensions data - cutting our costs and ensuring offenders pay up."
This follows magistrates' access to a credit reference agency database and the Police National Computer (PNC) to support the more effective tracing of offenders.
Notes to Editors
- The Courts Act 2003 extended the use of the Department for Work and Pensions' longstanding Third Party Deduction scheme which allows deductions from benefits to enforce payment of fines.
- The new level of deductions is contained in the Social Security Fines (Deductions from Income Support) (Amendment) Regulations 2004.
- Deductions can be applied when the offender is first sentenced, subsequently applied if the offender defaults as part of a resetting of payment terms or used as a further sanction by the Fines Officer.
- Whilst £5 is the maximum amount which can be deducted from benefits automatically to pay a fine, the overall cap on deductions remains at £8.40. Other deductions can include council tax, rent arrears, fuel costs, housing costs and water charges.
- The Department for Constitutional Affairs signed a one-year contract with credit reference agency Equifax Plc. in September 2004 to provide all 42 Magistrates Courts Committees (MCCs) with access to its electronic data.
- National roll-out of MCCs access to the Police National Computer is currently underway and should be complete in July next year. Ten MCCs will have access by Christmas. This follows a 7-month pilot project in Staffordshire earlier this year.
- The DWP currently traces defaulters on behalf of magistrates' courts. The new arrangement will develop a cost effective link between the courts and DWP that will provide:
- an efficient method for gathering and viewing customer information with a view to improving the collection of financial penalties
- and ensuring financial impositions are a creditable method of punishment in criminal court proceedings.