Newer version available

There is a newer version of this publication available:
Debt Advice Handbook 15th edition

1. Introduction

• The role of the adviser

The magistrates’ court is best known as the first tier of the criminal justice system. There are more than 150 magistrates’ courts in England and Wales, which deal with more than 90 per cent of all criminal cases. The administration of magistrates’ courts in England and Wales is the responsibility of HM Courts & Tribunals Service (HMCTS), which is part of the Ministry of Justice.

Magistrates have traditionally been lay volunteers (ie, unpaid and not legally qualified), although it is increasingly common for them to be full time and paid, particularly in London and urban areas. Paid magistrates are called district judges and are either barristers or solicitors. For further information, you are referred to Anthony and Berryman’s Magistrates’ Court Guide (see Appendix 2).

Fines officers are court staff with the power to enforce fines. Since the implementation of the Courts Act 2003, many decisions on fines enforcement that used to require court hearings (such as applications for further time to pay and deciding the enforcement action in cases of default) are now dealt with by fines officers.

In September 2016, HMCTS set up a historic debt team to recover financial penalties which had remained unpaid for up to 10 years. In 2017, the team’s activities were extended to recovering outstanding financial penalties more than 10 years old. Collection of other financial penalties may be handled by the Enforcement Contact Centre rather than individual courts. These penalties do not become statute-barred (see here).

The role of the adviser

Your main role as debt adviser is to prepare a financial statement and list of debts for the client to take to court hearings and perhaps a letter explaining her/his circumstances.

You may also represent the client or act as a ’McKenzie friend’ (see here). Check local practice to see whether you are allowed to represent clients. The justices’ clerk is likely to be a useful contact at the magistrates’ court. Sometimes, you will need to liaise with probation staff or solicitors, particularly in respect of unpaid fines. It is helpful to establish links between the advice agency and the probation service so that once you have produced the financial statement and details of debts, the client can be put in touch with the probation service for assistance and support at the court hearing. Probation officers and assistants are normally based at the court. Some advice agencies now staff help desks at their local magistrates’ courts.

If a committal warrant has been issued for the client to be imprisoned, it is usually advisable to obtain good legal representation for her/him. Free legal representation is available for committal hearings.