What is included in weekly income for SP30 fine?

13

Comments

  • Easily done

    Indeed so. I'm glad it wasn't me as I can think of at least one particular contributor who would not have forgiven me quite so easily!! :rotfl:
  • fred246
    fred246 Posts: 3,620 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    I wonder if anyone can help me escape justice. I am an armed robber and have been caught at it tonight. I'm no angel I've done loads before but never been caught. Would I be better saying they've got the wrong person or should I just plead guilty? I can't believe hardened criminals are using the forum for this sort of discussion.
  • Hasn't got time for a speed awareness course due to being a busy man and earning loadsa money, but has time for court to haggle the payment? :D
  • Firstly he is a she! Nice assumption there.

    I have no intention to take it to court - I was merely wondering how they assess income for the fine if it did. Call it idle curiosity.

    If I were between clients, I might do it if I had a case - but I don't so I wouldn't anyway.

    I admit I do speed - however as I said in the 25 years I've been driving I've never been done. I've also never had an accident or caused one.

    I defy anyone to say that 50mph on a deserted dual carriageway at 6am is dangerous - regardless of the speed limit.
  • Firstly he is a she! Nice assumption there.

    I have no intention to take it to court - I was merely wondering how they assess income for the fine if it did. Call it idle curiosity.

    If I were between clients, I might do it if I had a case - but I don't so I wouldn't anyway.

    I admit I do speed - however as I said in the 25 years I've been driving I've never been done. I've also never had an accident or caused one.

    I defy anyone to say that 50mph on a deserted dual carriageway at 6am is dangerous - regardless of the speed limit.
    It's dangerous to drive at 50mph on a deserted dual carriageway at 6am.

    That was easy.
  • Firstly he is a she! Nice assumption there.

    I have no intention to take it to court - I was merely wondering how they assess income for the fine if it did. Call it idle curiosity.

    If I were between clients, I might do it if I had a case - but I don't so I wouldn't anyway.

    I admit I do speed - however as I said in the 25 years I've been driving I've never been done. I've also never had an accident or caused one.

    I defy anyone to say that 50mph on a deserted dual carriageway at 6am is dangerous - regardless of the speed limit.

    Sorry I just said man as in mankind and yes everyone speeds now and then. Also my reply wasn't having a go hence the cheeky smile at the end.
  • The principle issue for a court when deciding on a speeding charge is not whether or not it was dangerous; it's whether or not the prevailing limit was exceeded. Danger does not come into it.

    But back to your question about statement of means. Fines are assessed on the basis of "relevant weekly income" (RWI). To save me reproducing it, here's a link to the Magistrates' Sentencing Guidelines (explanatory material) on the topic:

    https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/3-definition-of-relevant-weekly-income/

    This doesn't help you much but it gives you the background. If you have a matter dealt with in court you will be asked to complete this form:

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688361/mc100-eng.pdf

    You will see in column 2 that you are asked to state your take home pay and any other income. You will also note the warnings given at various points within the document that it an offence "to knowingly fail to disclose material facts" If most of your income is in dividends this is a material fact and you are expected to show how those payments influence your overall income.
  • Andy_L
    Andy_L Posts: 12,993 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Isn't an SP30, if you plead guilty to the FPN, a flat rate of £100 regardless of income
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Andy_L wrote: »
    Isn't an SP30, if you plead guilty to the FPN, a flat rate of £100 regardless of income
    Yes. If it's an FPN.

    If it goes to court, because you refuse to accept an FPN, or the speed was too high, or you aren't eligible because of the state of your licence, then the fine is going to be income-dependent, and banded depending on the speed.
  • SHAFT
    SHAFT Posts: 565 Forumite
    The principle issue for a court when deciding on a speeding charge is not whether or not it was dangerous; it's whether or not the prevailing limit was exceeded. Danger does not come into it.

    But back to your question about statement of means. Fines are assessed on the basis of "relevant weekly income" (RWI). To save me reproducing it, here's a link to the Magistrates' Sentencing Guidelines (explanatory material) on the topic:

    https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/approach-to-the-assessment-of-fines-2/3-definition-of-relevant-weekly-income/

    This doesn't help you much but it gives you the background. If you have a matter dealt with in court you will be asked to complete this form:

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688361/mc100-eng.pdf

    You will see in column 2 that you are asked to state your take home pay and any other income. You will also note the warnings given at various points within the document that it an offence "to knowingly fail to disclose material facts" If most of your income is in dividends this is a material fact and you are expected to show how those payments influence your overall income.

    The aggravating factors in the sentencing guidelines suggest it does.
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