Getting means tested for a court fine.

If you were sentenced without undergoing a means test, the Court has the authority to waive a court fine.

You have the option to request HM Court Service to halt enforcement proceedings until the court completes the assessment. In the interim, this allows you the chance to remit the fine to the court, effectively extinguishing the enforcement power and the bailiffs fees permanently

The Law:

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.

Section 165 of the Criminal Justice Act 2003 states:

(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.

Download and complete a court form MC100 and send it to court with the template letter below.

Template letter to the fines officer and text message: Informing the bailiff company and the bailiff that the debtor has not undergone a means test.