NCJ Number
91701
Date Published
1982
Length
28 pages
Annotation
This study of the enforcement practices of individual courts in England was based on samples of 200 offenders fined during the period July-September 1979.
Abstract
At each of 34 courts, a representative sample of 125 offenders fined was supplemented by a further sample of 75 offenders fined for property or revenue offenses. Payments made by these offenders and action taken to enforce payment were ascertained for a period of 12 months from sentence. Justices' clerks and fine enforcement officers were interviewed. It was found that the accounting ratio (ratio of the ammount remitted to the Secretary of State to the sums imposed together with arrears) was related significantly to two independently derived measures of performance -- namely, the proportion of offenders who paid and the proportion of the sum imposed that was recovered. It was therefore concluded that the accounting ratio would provide a convenient and helpful means of monitoring performance. In fixing the amounts of fines, courts need to strike a balance between the gravity of the offense and a realistic assessment of what the offender can sensibly afford to pay. No relationship was found between variations in the staffing levels of the courts or the adoption of computerized accounting systems and performance. The key to effective enforcement appears to be speed of action both following default and in followup when initial measures have failed. The ability to identify defaults quickly and take prompt action initially and upon followup, if necessary, are the keys to successful enforcement. Tabular data and a reference list of 85 sources are given.