Who is it issued by and how can I contact them?
Issued by the court – contact the relevant court.
Does it involve guilt?
Yes.
Is it recorded on the Police National Computer (PNC)?
Yes.
Is it classed as a conviction?
Yes.
How long will it be on my record?
It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.
When does it become spent?
One year after conviction.
When do I have to declare it?
You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you do need to declare it, when asked, to employers, insurers and others
Is it disclosed on DBS checks?
Yes, it will be disclosed by both standard and enhanced checks unless it is eligible for filtering. Once spent, it will not be disclosed on a basic check.
What guidance is there on fair process?
The court decides the amount for the fine based on the offence and your ability to pay, according to guidelines set by the Sentencing Council. Legislation can be found here.
Do I have the right to appeal and what is the process?
The maximum fine allowed in a magistrates’ court is £5000, but fines are unlimited in the Crown Court. If you can’t pay a court fine, contact the court saying why you can’t pay and include proof of your financial circumstances. The amount cannot be reduced by appeal but you can appeal the overall sentence.
What are the implications for life in the community?
You may need to speak to a debt adviser or the Citizens Advice Bureau. If you can’t pay the fine, action might include further court hearings, clamping/selling your car, taking money from your wages or benefits, bailiffs coming to your home to seize possessions.
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I received a letter saying that I had fines dating back to 2010 that I didn’t know about and the court have only just found them am I still liable to pay them after all this time the court couldn’t understand why it took so long to find them
Hi Nigel,
Unfortunately Fines do not become statute barred. This means they don’t expire like CCJs
You said you don’t know about the offence. Ask yourself, do you remember being arrested or cautioned, or did you receive a summons with a form to fill in or to attend court. Do you remember going? If no,
You can rewind the clock to the trial stage and prove your innocence.
You can call your local court and ask to lodge a free Statutory Declaration
If you recognise what happened, but your circumstances have changed. Call the court fines officer. They may be able to help or list you for court. The court has the power to lower (remit) the fine in certain conditions.