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The enforcement of financial penalties by magistrates' courts: an evaluative study

Moore, Robin James (2002)
Ph.D. thesis, University of Birmingham.

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Abstract

Despite the fine’s position as the most commonly imposed sentencing disposal, it has been the subject of limited research. This dearth is a particular concern as recent statistics show that a large proportion of financial penalties are in arrears, with significant amounts being written-off. There have been various attempts in recent years to improve the enforcement process, which underscores the need for an evaluation of current policies and practices.

The thesis is based on a study evaluating the enforcement of financial penalties by the Birmingham and Manchester city centre magistrates’ courts. The fieldwork was conducted both inside and outside the court building: defaulters’ appearances at the fines court, and fines clinic, were observed, and bailiffs and Civilian Enforcement Officers [CEOs] were accompanied as they attempted to execute distress warrants and bail warrants respectively. The thesis outlines various problems, and makes a number of proposals designed not only to raise the levels of effectiveness and efficiency but also the quality of justice. Taken together they provide a new coherent framework for the enforcement process.

Type of Work:Ph.D. thesis.
Supervisor(s):Shute, Stephen
School/Faculty:Schools (1998 to 2008) > School of Law
Department:Law
Subjects:HV Social pathology. Social and public welfare
KD England and Wales
Institution:University of Birmingham
Library Catalogue:Check for printed version of this thesis
ID Code:655
This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder.
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