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Frequently asked questions





Q: Why are you doing this now?

A: The inaugural Operation Payback in March 2004 proved extremely successful in recovering outstanding debt and increasing community awareness that unpaid fines will not be tolerated. For more than a year we had been working closely with magistrates' courts to drive up fines collection performance. During the course of this work, we became aware of several successful local initiatives targeting fine evaders. We saw real benefits in rolling out similar initiatives at a national level and, to this end, we launched Operation Payback 2 and now Operation Payback 3.


Q: Is this an annual event?

A: Effective enforcement of fines must be a continuous process. However, we hope that Operation Payback will be adopted as good practice in Magistrates' Courts in England and Wales and will be used as an additional tool in their local enforcement plans. Experience has shown that the benefits of such an exercise accrue with repetition. Re-running Operation Payback allows the Department to actively support local areas in their enforcement activities.


Are there any precedents?

A: Yes. Several Magistrates' Courts in England and Wales already use 'blitz days' to increase the level of fines recovered. Operation Payback was the first nationally co-ordinated initiative to have 'blitz days' running during the same time period.


How much was recovered in the first two Paybacks?

A: The first two Operation Paybacks netted nearly £2.5 million and resulted in a significant increase in fine evaders coming forward for months afterwards. There were other spin-offs to the two earlier Paybacks when enforcement officers and police picked up several offenders, even though they weren't being targeted, because they'd moved into houses that defaulters used to live in.


How much is outstanding in England and Wales?

A: As of August 2005, £438 million was outstanding in England and Wales. Although this is money that it is rightly owed to the court, it is important to understand that only a proportion of this is fines that have been defaulted upon. Often, having had regard to the offender's means, the court will order the fine to be paid in instalments rather than one lump sum, or the fine may not be due immediately after it has been imposed. In both these cases, those figures are included in the outstanding debt figure.


Q: How much do you hope to recover?

A: The amount that each magistrates' courts will recover will vary as the scope of the individual blitzes has been determined with regard to local circumstances. As this is about justice, and public confidence, we have no financial target in mind. The Operation will, however, encompass both money owed to the court and money owed to victims of crime.


Q: Let's assume that you only recover approximately £1m out of more than £438m that is outstanding - how do you justify the expense and effort?

A: The benefits of Operation Payback 3 will extend way beyond the amount recovered in this short space of time. Experience shows that there will be an increase in payment after the event. It will also encourage potential evaders to pay their fines in full and on time.

In addition, Operation Payback 3 is part of a wider programme to deliver improvements in the fines performance of magistrates' courts. For example, the Courts Act 2003 put in place a robust framework for fines enforcement.


Q: What will happen to warrants which you can't execute?

A: We hope that the support that the Department for Work and Pensions and the Police are giving magistrates courts in terms of information checking will mean that as many warrants will be executed as possible.

Warrants that cannot be executed will form part of an important information gathering exercise on evaders. Intelligence collected will be used the next time that particular warrant is targeted.


Q: Why aren't all the magistrates' courts taking part in Operation Payback?

A: All magistrates' courts are taking part in Operation Payback 3, but not all at the same time. Obviously operational issues are one consideration that will affect timing.

Fine evaders all over the country are being targeted. Enforcement Officers could be knocking on their doors at any time. We are therefore urging those people who have defaulted on a fine, or are having difficulty in paying, to contact their local magistrates courts immediately.

 


Q: What will happen to the money recovered - where does it go?

A: Money recovered will pay compensation due to victims, and costs incurred during the prosecution process. The remainder will flow to Treasury.


Q: How much have you spent on Operation Payback?

A: We have spent £300,000 on the national advertising for Operation Payback 3. It includes beer mats, leaflets, posters, radio advertising and press advertising.


Q: What sort of fines are outstanding - are you targeting parking fines etc?

A: No. The focus of this exercise is on criminal fines imposed by the courts. Fines could include those imposed for offences such as handling stolen goods, vandalism, disorderly behaviour, car crime, theft, assault and some drug related offences. Parking fines are a civil penalty.


Q: Will victims owed compensation benefit from Operation Payback?

A: Yes. If a fines order is imposed with a compensation order, the compensation part of the total sum due is paid first. Any crackdown on outstanding fines will be of direct benefit to the victims of crime.


Q: What will you do with those people who cannot pay?

A: Operation Payback 3 is targeted at those who refuse to pay, rather than those who cannot pay. The publicity campaign encourages those who are having difficulty paying their fines to contact their local magistrates court immediately to discuss their options.


Q: Prisons are at breaking point. Won't this end up in more people being imprisoned?

A: The purpose of this initiative is to collect money owed to the court, and compensation owed to victims. The aim is for offenders to comply with the original orders of the court.


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