Fine Levels and Bands

In our earlier article about types of sentence we described how fines were by far the most common penalty imposed by the Magistrates' Court.

In this article we will explain a little about how the court decides the size of fine to impose. This depends on two factors: the fine level and the fine band. The fine level refers to the maximum penalty allowed by legislation; the fine band is a correction that takes into account the offender's ability to pay.

Fine Level

Pretty much every offence the Magistrates' Court will come across has a maximum penalty written in legislation. The maximum penalty for drink driving, for example, is an unlimited fine and/or 6 months’ imprisonment. It wouldn't matter how many times over the drink drive limit the offender was, they cannot be dealt with more severely than that.

The fine level is a convenient way of indicating the maximum fine that can be imposed for any given offence. There are five levels, with maximum fines as follows:

• Level 1 - £200
• Level 2 - £500
• Level 3 - £1,000
• Level 4 - £2,500
• Level 5 - Unlimited

The financial values of each level are adjusted from time to time, to take into account inflation etc.

Historic legislation uses phrases like "the maximum penalty for this offence is a fine of 5 shillings", which is clearly unenforceable and lacks relevance in the modern era. Current legislation overcomes this problem by using terms like "the maximum penalty is a fine not exceeding level 3 on the standard scale".

Relevant Weekly Income (RWI)

When an offender is in employment (or self-employed) and earns more than £120 per week after tax and National Insurance deductions, then their actual income is considered to be their RWI.

When an offender's only source of income is benefits, or if they earn less than £120 per week after tax and National Insurance deductions, then their RWI is assumed to be £120.

If the court has no relevant information as to the offender's RWI, then it will assume an RWI of £440.

Fine Band

Offenders are usually sentenced in accordance with guidelines produced by The Sentencing Council. Whenever a fine is imposed, the offender's ability to pay must also be taken into account. This is done by using a series of fine bands, each one corresponding to various multiples of the offender's RWI.

The fine bands are as follows:

• Band A = starting point of 50 % RWI; range of 25 - 75 % RWI
• Band B = starting point of 100 % RWI; range of 75 - 125 % RWI
• Band C = starting point of 150 % RWI; range of 125 - 175 % RWI
• Band D = starting point of 250 % RWI; range of 200 - 300 % RWI
• Band E = starting point of 400 % RWI; range of 300 - 500 % RWI
• Band F = starting point of 600 % RWI; range of 500 - 700 % RWI

The use of fine bands means, at least in theory, that everyone fined for a particular offence should experience the same amount of punishment (the same "hit" to their wallet), irrespective of their actual income. It's not a perfect system, but it works pretty well.

Fines in Practice

1. An offender has been convicted of speeding at 38 mph in a 30 mph limit. They have an RWI of £300. The sentencing guidelines indicate that a Band A fine is an appropriate financial penalty. The starting point for the fine would be 50 % RWI (£150 in this case), but a fine in the range of 25 - 75 % RWI (£75 - £225 in this case) could be imposed.

2. An offender has been convicted of careless driving. They are in receipt of Jobseeker's Allowance, so their RWI is assumed to be £120. The bench has determined that it is a Category 1 offence. The sentencing guidelines indicate that a Band C fine would be an appropriate financial penalty. The starting point for the fine would be 150 % RWI (£180 in this case), but a fine in the range of 125 - 175 % RWI (£150 - £210 in this case) could be imposed.

3. An offender has been convicted of being drunk and disorderly. They are a television personality with an RWI of £3,000. Having consulted the sentencing guidelines the bench thinks a Band C fine would be an appropriate financial penalty, but that would exceed the value of the maximum penalty permitted by legislation (a level 3 fine). The bench decides to impose the maximum fine permitted by legislation, which is £1,000 in this case.