The Magistrates' Courts (Unit Fines) Rules 1992

Explanatory Note

(This note is not part of the Rules)

These Rules govern the procedure to be followed by magistrates' courts in the operation of the unit fines system introduced by section 18 of the Criminal Justice Act 1991.

Rule 3places a duty on justices' clerks to make arrangements for the provision of a prescribed means enquiry form to defendants and, where appropriate, the parent or guardian of a juvenile defendant. The means enquiry forms are set out in Schedule 1to the Rules.

Rule 4provides the formula whereby the court is to determine the value of a unit, that is, the offender’s disposable weekly income, under section 18(2)(b) of the 1991 Act. Rule 4further provides that, in so doing, the magistrates' court is to take into account the information sought in the means equiry form. Schedule 2 requires the magistrates for each petty sessions area to set local expenditure levels which they are to take into account when determining an offender’s disposable weekly income.

Rule 5provides that the statement of means which may be ordered under section 20(1) of the Act shall, where the unit fine scheme applies, be furnished on a prescribed means enquiry form.

Rule 6requires the court to announce in open court the number of units determined to be commensurate with the seriousness of the offence for which a fine is to be imposed and the value to be given to each of those units.

Rule 7prescribes particulars which are to be entered in the court register.

These Rules come into force on 1st October 1992.