Apply for more time to pay a court fine

You have the option to request a reduction in your fine and arrange for payment through instalments.

This template email is designed to request an extension from the Court Service for the payment of a fine. Please attach a completed Form MC100 to the email..

Following the email, contact the fines officer at the magistrates court handling your fine. Explain that you are facing severe hardship and enquire about the possibility of paying the fine in regular installments. They will likely request that you submit your request via email.

The Law:

Section 165 of the Criminal Justice Act 2003 states:

Remission of fines

(1)This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).

(2)If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount, or

(b)not have fined him,.

it may remit the whole or part of the fine.

The Law:

Paragraph 24 of Schedule 5 of the Courts Act 2003 states:

Nature of power to vary terms of collection order

(1)A power to vary the payment terms of a collection order includes power to—

(a)substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

(b)substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

(a)the number of instalments payable;

(b)the amount of any instalment;

(c)the date on or before which any instalment is required to be paid.

(4)This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

Official Guidelines:

The Sentencing Council published guidelines, as paragraph 40 of those guidelines, it states;

40: A court will allow payments to be made over a period set by the court:

a. If periodic payments are allowed, the fine should normally be payable within a maximum of 12 months. However, it may be unrealistic to expect those on very low incomes to maintain payments for as long as a year;

b. Compensation should normally be payable within 12 months. However, in exceptional circumstances it may be appropriate to allow it to be paid over a period of up to 3 years.

41. Where fine bands D and E apply (see paragraphs 34-36 above), it may be appropriate for the fine to be an amount that is larger than can be repaid within 12 months. In such cases, the fine should normally be payable within a maximum of 18 months (band D) or 2 years (band E)."

You might encounter the suggestion to "contact the bailiffs." However, be cautious as the bailiff company may dispatch an officer to your premises under the guise of discussing a payment plan. This tactic is often employed to extract £235 from you, as the enforcement stage fee is applicable when the bailiff attends.

Attempting to negotiate with a bailiff is typically fruitless; they often adopt a confrontational, discourteous, and unhelpful attitude. Remember, they are a commercial entity seeking to profit from your difficult situation.

While your application is pending approval, the enforcement authority remains active, and it's advisable to safeguard your possessions in the meantime.

If court staff are unyielding, consider approaching the Parliamentary Ombudsman via your Member of Parliament.