GLOSSARY OF TERMS FOR MAGISTRATES COURT

Breach of Community Penalty Warrant – this refers to a warrant issued for the purpose of bringing the individual person before the court who may be in breach of a community penalty order of the court.

Clamping Order.- this is an order that is issued under Paragraph 38, Schedule 5 of the Courts Act 2003 that provides for the clamping of a vehicle in the event that there are defaults in fines due to the Magistrates Court. Please note: The contract between HMCS and the bailiff companies state that the bailiff “must not carry out or direct and supervise the clamping of a vehicle not registered in the Defaulters name under the Vehicle and Excise Registration Act 1994”.

Commitment Warrant- this refers to a warrant of commitment to prison for defaulting in paying a sum ordered to be paid by a conviction or order of a Magistrates Court.

Defaulter- the person named in the warrant or order.

Distrain/Distress- this means to seize goods that can be sold in order to pay the the fine.

Distress Warrant- the Distress Warrant is issued for the purpose of levying a sum adjudged to be paid by a conviction or order of the Magistrates Court

Financial Warrant- this is a warrant issued for the purpose of securing payment or bringing the individual concerned before the court to attend what is called a means enquiry regarding a sum that has been adjudged to be paid by a conviction or order of Magistrates Court.

Fines Officer- HM Court Service official who will hold the relevant authority in order to carry out the Courts Act sanctions and who can make daily decisions regarding appropriate enforcement methods on individual cases.

Penalty Notice for Disorder (PND’s)- this is covered under Section 1-11 of the Criminal Justice and Police Act 2001 for public disorder offences and the fine is either £ 50 or £80 (depending on the offence).They can only be issued to people over the age of 16. There are 23 offences for which a notice can be issued. Recipients have 21 days to pay the notice or request a hearing. There were 146,000 PND’s issued in the year 2005 with 62,000 being registered as fines.