Financial Penalties: Who Pays, Who Doesn't and Why Not?

Abstract

Abstract: Against the background of a new emphasis by government on the use and enforcement of financial penalties, this article explores some of the realities and problems that currently associate with this form of judicial and administrative sanction, and highlights some of the operational and practice challenges to be addressed if, indeed, financial penalties are to play a more significant role in the future. The article does this, in particular, by drawing on research conducted for the Home Office from 2000 to 2002 and based in the magistrates' courts of England and Wales. This study provides an analysis of the non‐payment or default problem and specifically focuses on the lessons to be learned about the suitability of financial penalties for different circumstances.