Debt Advice Handbook Scotland 1st ed - with new materialChapter 20: Court fines3. Non-payment of court fines Enforcement orders
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Enforcement orders
An enforcement order (EO) can be made when a fine is imposed or when the court is granting further time to pay a fine. It allows the FEO to proceed with diligence in the event of non-payment.1s226B CP(S)A 1995
An EO gives the FEO the authority to enforce fines administratively. This cuts the amount of court time spent dealing with fines enforcement.
The EO sets out the payment terms and whether the fine is to be paid in full by a set date or by instalments. The EO allows the FEO to agree realistic payment plans with fine payers.
The EO encourages the offender to stay in contact with the FEO during the lifetime of the order. It also allows the FEO to take certain action against the offender if needed. The FEO can quickly identify offenders who are not paying and take the most suitable enforcement action. At the same time, they are available to support those who need advice and are genuinely struggling to pay.
An EO gives the FEO the options to:
    •make a seizure of vehicle order (SVO) (see here); or
    •make an arrestment of funds order (AFO) (see here); or
    •make a deductions from benefits order (see here); or
    •refer back to the court (see here); or
    •make a variation (see here).
 
1     s226B CP(S)A 1995 »
Seizure of vehicle order
The FEO can make an SVO. This orders that a motor vehicle be:
    •immobilised (clamped); and if the client cannot pay the fine and clamping costs within 24 hours
    •impounded (taken into storage).
If your client still does not pay the fine and costs, the court can sell (or sometimes destroy) the vehicle.
The FEO must give your client seven days’ notice in writing that they will ask the justice of the peace or sheriff for an order to sell the vehicle. Your client can then make written representation to the court as to why it should not be awarded.
Eventually, if your client has not paid the fine and costs, the FEO can apply for a court order to sell the vehicle. If this happens:1s226D CP(S)A 1995
    •the money from the sale is paid towards the fine; and
    •any additional money is paid towards the expenses of the seizure of vehicle order; and
    •after the fine and expenses have been paid, any remaining money is paid to your client.
 
1     s226D CP(S)A 1995 »
Arrestment of funds order
When the court makes an EO, it also grants a warrant for diligence. This warrant gives the FEO the power to carry out the following types of diligence if your client defaults:1s226F CP(S)A 1995
    •arrestment of earnings; and
    •arrestment of funds in accounts held at any bank or other financial institution.
There is no direct appeal against an AFO, and it is not subject to normal time to pay applications.
When an AFO is applied, the client’s funds are frozen by the financial institution.
If the arrestment is successful, the client can sign a mandate in the prescribed form allowing the bank to release money to the court. The court then pays the money towards the fine.
Alternatively, after a period of 14 weeks starting on the date of service of the AFO, the bank must automatically release the funds to the court.
 
1     s226F CP(S)A 1995 »
Deduction from benefits order
Deductions can be made from some benefits (such as universal credit, jobseeker’s allowance and pension credit), with or without the client’s consent. There is a maximum amount allowed to be deducted.1s226E CP(S)A 1995
 
1     s226E CP(S)A 1995 »
Refer back to court
Where a fine has not been paid, the FEO can refer the case back to court to be dealt with. When the case is referred back, the court can:1s226G CP(S)A 1995
    •revoke the enforcement order and deal with the offender as if the enforcement order had never been made; or
    •vary the enforcement order; or
    •confirm the enforcement order as previously made; or
    •direct the FEO to take specified steps to secure payment of, or towards, the relevant penalty in line with the enforcement order; or
    •make such other order as it thinks fit.
 
1     s226G CP(S)A 1995 »
Variation
Where a client already has an agreement to pay a fine but cannot keep up with the agreed arrangements, they can apply to the FEO for a variation.1s226C CP(S)A 1995
 
1     s226C CP(S)A 1995 »