Unpaid Court Fine. Committal Proceeding

Requesting imprisonment for failing to pay a court fine is a measure of last resort. If summoned to court for non-payment, you can plead hardship. The court may then choose to convert the fine into a work order, allow payment in instalments, deduction from benefits, or impose a work order.

According to paragraph 2 of Schedule 6 of the Courts Act 2003, if you can demonstrate impracticality in enforcing the the fine using bailiffs, it may be commuted to an alternative sentence.

Debtors are often misled by bailiffs and ther firms, claiming they could be imprisoned for failing to pay court fines and enforcement fees. The advice is inaccurate because bailiffs cannot apply for imprisonment for non-payment of their fees.

HM Court Service unofficially advises magistrates and district judges against imprisoning defaulters, as it places strain on HM Prison Service resources.

Instead, magistrates typically issue a suspended sentence contingent upon fine payment or completion of a work order.