Fines in the Magistrates’ Court

Many motoring offences are punishable by way of fines that are also linked to an offender’s income. The court sets the amount of a fine after considering how serious the offence is and how much money the offender can pay based on their income. For many offences, the amount of the fine is unlimited with no maximum cap.

There are 5 levels of maximum fine that could apply to offences in the Magistrates’ Court:

In addition to the maximum levels, there are bands of fine

For most motoring offences. The band of fine will range from band A to C.

The Mc100 form must be completed by an individual before they attend their court hearing. This is also known as a ‘statement of assets’. Its sole purpose is to inform the court of your income and outgoings before you are sentenced.

We normally advise that you complete this form showing your income details ‘on a weekly basis’  as the court will be imposing your fine on the basis of the weekly bands outlined above.

To correctly complete this form you must complete your personal details. This includes providing your correct name, family name, address and postcode, mobile phone number, date of birth, national insurance number, and vehicle registration number.

You must also complete your income details. If you are employed, you must state your occupation, employer’s name and address, postcode, and your employer’s telephone number. The important part that the court will take into account is your ‘take at home pay’. The amount that you should provide should be your weekly earnings after tax and National Insurance has been deducted (your net pay).

If you are self-employed, you must state your job title and again, details of your take-home pay usually based on your last tax return.

However, if you are not employed, you must explain the date that you became unemployed and if you receive benefits. There is a section that specifically asks you to specify which benefits you receive. Please also enter the amount you receive in this section.

There is also a section labeled ‘outgoings’. This section requires you to provide a breakdown of your total outgoings on a weekly basis. However, you do not have to provide details of your outgoings if you do not want the court to consider a payment plan.

If completing your outgoings, once you provide a summary of your expenses it is important that you add all of your weekly expenses together so that the court can see exactly how much money is going out compared to how much you earn each week. Again, this prevents the court from imposing a fine which can be very challenging for an individual to pay.

The last section for you to complete is the section labeled ‘other information’. In this section you must state whether you have any savings in a separate savings account. If you have a partner who lives with you, then you must provide information about their income including whether they receive any benefits and whether you have any children depending on you financially.

There is also a section for you to give the court any more information regarding any assets you receive which have not been mentioned.

This form is closely scrutinized by the court in totting up cases where you argue exceptional hardship. Exceptional hardship cases are where an individual accumulates 12 or more points on their driving licence.

The courts look closely at the MC100 form because the financial position of the offender is an important factor that can work against an argument of exceptional hardship. If the defendant is very well off, financially, arguments that the loss of licence would cause eceptional hardship may be received with little sympathy when there is evidence that alternative and affordable means of transport could be sourced.

The MC100 form contains a declaration of truth. By completing the form you are telling the court that the information you have provided is correct. If you mislead the court a higher penalty will follow and you may be required to pay a further fine.

The court can request further information from the individual to provide evidence of their income. The court can ask for evidence such as a payslip, benefit statement, or even a mortgage statement of tax return.

You only have to provide details of your partner’s income or savings when they live in the same household as you. This is because it will show the court whether anybody else relies on your income but also whether a partner helps to contribute to the household outgoings.  For example, if you are the main breadwinner in your household and you were to lose your licence and job, if your partner earns significantly less it will show the court the financial burden that you losing your licence would pose on your partner if they could not cover all of the outgoings solely on their own.