Is Paying a Fine Optional

George Tsigarides made this Freedom of Information request to Ministry of Justice This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Ministry of Justice.

George Tsigarides

Dear Ministry of Justice,

Dear Her Majesty’s Courts and the Tribunals Service,

I will be grateful if you would confirm the following; as Theresa May confirmed that the government rules by consent:

1. Is paying a fine optional.

2. Those presented with a fine need not do anything and can ignore the invitation to pay the fined; as it is merely an invitation to pay the fine - which can be Legally and Lawfully be declined without prejudice.

Thank You.

Kind Regards.

Yours faithfully,

George Tsigarides

HMCTS Customer Service (Correspondence),

Dear Mr Tsigarides

Thank you for your email of 6 May.

Your enquiry did not fall under the Freedom of Information regime and is being treated by the department as 'Official Correspondence'. It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.

A fine is an order of the Court and these are made in accordance with current legislation.

Failure to comply with an order of the court may lead to further sanctions.

I cannot see any link to the comment of the Home Secretary as I don't know in what context this was made other than legislation is approved by parliament or by their consent as the two houses will have passed each piece of legislation.

Kind regards

Karen Warner | HM Courts & Tribunals Service | Customer Directorate

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George Tsigarides

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Is Paying a Fine Optional'.

[ Thank you for your response, which was not helpful at all.

I will rephrase my questions to determine if you hold adequate records as required by the FOIA which you have confirmed the Ministry of Justice (MoJ) are obliged to comply with.

Please note that this is not a request for either Legal or Lawful advice.

This is a FOIA request in order to ascertain if the MoJ holds adequate records in order for the MoJ to fulfil its governmental duties - so please do not fob me off stating that this does not come under the FOIA, or you do not offer Legal advice - please simply confirm the status and answer my questions.

I will be grateful if the MoJ would kindly confirm that it holds adequate records as follows:

1. Does MoJ hold adequate records regarding the legality or otherwise regarding the payment of fines, and which jurisdiction these fines fall under (i.e. Statute Law or Common Law); and if the MoJ does not hold such records, kindly please confirm how the MoJ can correctly fulfil its governmental duties.

2. Does the MoJ hold adequate records regarding what actions are available to those presented with a fine, and what jurisdiction (i.e. under Statute Law or Common Law) applies - and do these MoJ records show that no action need be taken regarding the invitation to pay the fined, as it is merely an invitation to pay the fine by consent - which can be Legally and Lawfully be declined without prejudice; and if the MoJ does hold such records, kindly please confirm how the MoJ can correctly fulfil its governmental granted duties. ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Thank You.

Kind Regards.

Yours faithfully,

George Tsigarides

HMCTS Customer Service (Correspondence),

Dear Mr Tsigarides

Thank you for your further e-mail of 20 May sent to the Ministry of Justice's Data Access and Compliance Unit. Your e-mail has been referred to HM Courts & Tribunals Service (HMCTS) to respond as the executive agency at the Ministry of Justice responsible for the administration of the Courts in England and Wales, as it has again been assessed that your enquiry does not fall under the Freedom of Information Act (2000).

As Ms Warner set out in her response on 20 May, Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place or confirmation that it is in place. You are asking to confirm whether the Ministry of Justice has records in place to allow for the correct handling of fines.

I confirm that the Ministry of Justice has a departmental library that holds department publications going back to the early 1800s and provides information to Ministry of Justice Staff, the department's Arms Length Bodies and the Law Commission and assists with legal and parliamentary research, bill books and guidance notes of fulfilling the department's legal obligations.

It may further help you if I explain that the legislation that provides for the issuing of fines and the routes by which fines may be challenged is also freely available to the public via the website https://www.legislation.gov.uk. The procedure rules that govern how Courts operate when issuing proceedings in respect of fines can be viewed online at the address https://www.justice.gov.uk/courts/proced.... The judiciary, when issuing a fine as an element of a sentence in criminal proceedings, will do so in accordance with the sentencing guidelines produced by the Sentencing Council, which can be viewed online at the address https://www.sentencingcouncil.org.uk. I confirm that fine proceedings handled by the Court are done in accordance with relevant legislation, rules and regulations.

The action available to a recipient of fine, issued or enforced by the Courts, will depend on the type of fine. I am not aware of any type of Court issued or enforced fine that is presented to the recipient as an "invitation to pay" in the way you suggest, nor am I aware of any type of Court fine for which payment could be refused on the basis that it is an "invitation to pay". The position of the government ruling by consent that you referenced the Home Secretary confirming in your previous e-mail does not mean that the legislation in respect of fines can be ignored on a optional basis by the Courts or by recipients of fines.

As Ms Warner explained in her previous reply, failure to pay a fine can result in further sanction. I must make clear that administrative staff at HMCTS are unable to provide detailed legislative analysis and interpretation or legal advice; staff are not necessarily legally qualified to do so, and they must maintain an impartial position in all cases. I appreciate that you feel you are not asking for legal advice in your request, but I am unable to suggest what option or defence a recipient of a fine should pursue. If you wish to discuss the specifics of a fine and the best course of action available to challenge it then you may wish to seek independent advice. If you wish to discuss whether a fine can be lawfully declined, then I can only refer you to the position I have set out above confirming the legislation that governs how fines are handled, and again advise that you seek independent advice. Free advice on a range of matters, including Court fines, would be available from your local Citizens Advice office.

I hope my reply is helpful.

Yours sincerely

Neville Collins | HM Courts & Tribunals Service | Customer Service Team
Email: ComplaintsCorres&[email address]

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George Tsigarides

Dear HMCTS Customer Service (Correspondence),

Thank you for your response.

I did not find it helpful at all.

It leads me to draw my own conclusions; and these are that your jurisdiction is purely only of Statute Law - and as such you have no jurisdiction over the men and women living on the land of the United Kingdom.

Thank You.

Kind Regards.

Yours sincerely,

George Tsigarides

George Tsigarides

Dear Ministry of Justice,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Justice's handling of my FOI request 'Is Paying a Fine Optional'.

[ It appears that the MOJ has determined not to answer my specific FOIA requests. I will be grateful if you would kindly explain why the MOJ has taken this decision, as it appears in the public record that the MOJ is being deliberately evasive, which suggests that the MOJ has records that it wants to deny it has; and is not acting in Honour. ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Thank You.

Kind Regards.

Yours faithfully,

George Tsigarides

Data Access & Compliance Unit, Ministry of Justice

Dear Sir,

Thank you for your email.

It maybe helpful for me to explain that your first request was dealt with under Official Correspondence not FOI and therefore you are entitled to an Internal Review under the Act.

I have passed your email onto the department within HMCTS who responded to you and ask them to look at this as a complaint and to respond to you.

Many Thanks

Laura

Laura Watson| Business Manager | Communication and Information Directorate | Ministry of Justice 10.34, 102 Petty France, London, SW1H 9AJ | www.justice.gov.uk  | @MoJGovUK | @MoJPress

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HMCTS Customer Service (Correspondence),

Dear Mr Tsigarides

Thank you for your further e-mail of 15 June, which has again been passed to HM Courts & Tribunals Service for reply. I am sorry for the delay in replying.

Ms Watson at the Ministry of Justice's Data Access and Compliance Unit has explained that the questions you pose are not considered requests for information held that can be provided under the Freedom of Information Act. It stands that you have not received a formal response under the Act, and we are unable to conduct an internal review under the Act in the way you request.

I note the conclusions you have drawn in your e-mail of 3 June and I can only suggest that if you have further concerns or wish to discuss statutory law and the requirement to pay court ordered fines in detail then you may wish to seek independent legal advice.

There is nothing further that I can usefully add on the subjects you continue to raise. I must ensure that tax payers' money is used effectively. For this reason and in line with HMCTS' procedures, I will not be replying again unless you raise new issues. This will also apply to any letters sent to the Ministry of Justice under the Freedom of Information Act, which deemed to not fall under the Act are passed to this department for official response. Any correspondence which raise new issues will of course be answered in the normal way.

Yours sincerely

Neville Collins
Customer Investigations Manager | HM Courts & Tribunals Service Customer Service Directorate
Email: ComplaintsCorres&[email address]

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