Fine Default Hearings

Fine Default Hearings

The Justice Act (NI) 2016 (“the Act”) provides for the enforcement and collection of fines and other penalties, along with the following:

  • the Enforcement of Fines and Other Penalties Regulations (NI) 2018;
  • the Magistrates’ Courts (Amendment No.2) Rules (NI) 2018;
  • the Social Security (Fines) (Deduction from Benefits) Regulations (NI) 2018;
  • the Enforcement of Fines and Other Penalties (Revocations) Order (Northern Ireland) 2018; and
  • the Magistrates’ Courts (Fees) Amendment Order (Northern Ireland) 2018.

Part 1 of the Act includes:

  1. A new summons procedure for referral (default) hearings;
  2. Power to issue an arrest warrant for non-attendance at a referral hearing;
  3. Provision for courts to order referral hearing costs to be paid by the debtor;
  4. Provision that children will not be committed to custody solely for default; and
  5. The removal of sentence remission for those who end up in custody for fine default.

Fine Default Hearing Summonses are being served on fine defaulters and will notify the fine defaulter of the date, time and place of the default hearing and their right to attend the hearing, to be legally represented at the hearing and, depending on their means, entitlement to legal aid.

Below is some information to Frequently Asked Questions about fine default hearings.

Why have I received this Fine Default Hearing Summons?

This Fine Default Hearing Summons has been issued to you as court records show that you had a fine imposed against you, which has not been paid. This fine may have been outstanding for some time.

What do I need to do?

If you pay the outstanding fine before the court date, you do not need to attend the default hearing. How you can pay is detailed below.

If you cannot pay the full outstanding balance then you must attend the default hearing at the court detailed in your Summons.

What is a default hearing?

A default hearing is a hearing at which a defendant with an unpaid fine can attend and make representations to the Judge about the reasons for the non-payment and make arrangements to pay.

The following options are open to the court regardless of whether a collection officer has already tried them or not:

  1. extension of time;
  2. allow payment by instalment;
  3. where a collection order is made, require the collection officer to make an application for  deduction from benefits or make an attachment of earnings order;
  4. make a bank account order (regardless of whether the collection officer has made an interim order);
  5. make a vehicle seizure order (regardless of whether the collection officer has applied for it);
  6. issue a warrant of distress;
  7. if debtor is aged over 18 make a supervised activity order;
  8. if the debtor is aged 16 or 17 make an attendance centre order;
  9. issue a warrant of committal to prison; or
  10. remit the fine wholly or in part having regard to any change in the debtor’s circumstances since the conviction concerned.

Can I pay the fine now?

Yes - you can pay the fine now and you will not be required to attend court. Payment can be made in the following ways:

  • Pay online using a debit or credit card (for any fines imposed after 22 January 2010) by using the Fine payments application found in our Online Services page. 
  • Call us on 0300 200 7812 for payment by debit or credit card.

Please note you will need a reference number to pay online. If you do not have your online reference number, please contact the NICTS Customer Service Centre on 0300 200 7812.

Pay by post using a cheque or a postal order. Cheques and postal orders should be made payable to ‘Northern Ireland Courts and Tribunals Service’ and sent to:

NICTS Customer Service Centre 
PO Box 256 
Londonderry 
BT48 4AP

If I pay my fine now do I still have to attend the default hearing?

No, provided you pay in full before the court hearing date.

What happens if I don’t attend Court or a solicitor doesn’t represent me at Court?

If the Judge is satisfied that you are aware of the fine default hearing and the summons was served on you the case will be dealt with in your absence. In your absence the Judge will consider the matter and may issue a fine warrant to the police for further enforcement action. This warrant will state the number of days that you will be required to serve in prison if full payment is not made to police or Prison Service on reception to Prison / Young Offenders Centre. A warrant fee will be added to the outstanding fine amount and also needs to be paid in full.

If a debtor fails to attend a referral (default) hearing on foot of a summons, the court may issue an arrest warrant, endorsed for own bail, provided the judicial officer–

  • is not satisfied that the summons was served on the debtor or that the debtor is evading service but is satisfied that a reasonable attempt has been made to serve the summons on the debtor;
  • is satisfied that the debtor is aware of the liability to pay the sum due and of the possible consequences of defaulting on the payment;
  • is considering the possibility of issuing a warrant to commit the debtor to prison under section 9(1)(i) of the Act; and
  • is satisfied that issuing a warrant for the debtor’s arrest instead of re-issuing the summons is proportionate to the objective of securing the debtor’s appearance before the court.

 

What will happen at court if I attend?

At court you and/or your solicitor will be given the opportunity to explain why payment has not been made before a decision is made about how your outstanding fine will be dealt with by the Judge. If your circumstances, income or benefits have changed from the original court date please bring supporting evidence with you to the default hearing.

The Judge will consider the following options:

  1. extension of time;
  2. allow payment by instalment;
  3. where a collection order is made, require the collection officer to make an application for  deduction from benefits or make an attachment of earnings order;
  4. make a bank account order (regardless of whether the collection officer has made an interim order);
  5. make a vehicle seizure order (regardless of whether the collection officer has applied for it);
  6. issue a warrant of distress;
  7. if debtor is aged over 18 make a supervised activity order;
  8. if the debtor is aged 16 or 17 make an attendance centre order;
  9. issue a warrant of committal to prison; or
  10. remit the fine wholly or in part having regard to any change in the debtor’s circumstances since the conviction concerned.

Am I entitled to legal aid at my fine default hearing?

Legal aid is available for a solicitor’s attendance at default hearings if you pass the means test for legal aid entitlement. Please contact your solicitor to determine if you are eligible for legal aid for this hearing.

I have proof that I have paid this fine.

Please contact the NICTS Customer Service Centre on 0300 200 7812 with proof of payment. You will need to provide information about how, when and where the fine was paid.

I can’t attend court on the default hearing date due an unforeseen emergency?

Contact the relevant court office, informing the court why you are unable to attend with as much detail as possible.  This information along with any additional written information you provide in relation to the non-payment of the fine will be provided to the Judge who will decide whether to adjourn the case or proceed with the case in you absence.

Can I make a part payment now and pay the rest later?

Yes, a part payment can be made. An application for instalment order or further time to pay may be considered at the default hearing. Please visit the Online Services page to make a payment contact the NICTS Customer Service Centre on 030 0200 7812 to make a payment.

I didn’t know I’d been fined?

A Fine Notice would have issued to the address on your summons or charge sheet at the time it was imposed by the Court. If you need more details about the fine this default hearing summons relates to please contact the Customer Service Centre on 030 0200 7812.

I am not the person named on the default hearing.

Please contact the Customer Service Centre on 0300 200 7812 to ensure no further documentation is issued to your address.

Will I go to prison or a Young Offenders Centre?

Yes – if payment is not made and the considerations been given to the options above, the Judge can decide on the amount of time to be spent in prison or Young Offenders Centre in default of payment. Please attend Court and explain to the Judge if your circumstances have changed.

 

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