Magistrates' courts across England and Wales could soon text fine evaders demanding they pay up, after the initiative was successfully used in the Midlands recently.
Courts are also looking at sending automated reminders by text, email or phone to fine evaders, offenders who don't do their community service and those who fail to attend court. The planned new offensive would ensure offenders comply with orders of the court, and provide an additional enforcement tool when they ignore their legal obligation.
Courts aim to use modern technology to speed up debt collection, compensate crime victims and ensure justice is done. It also sends a message to criminals that the justice system is one step ahead of them and it won't tolerate failure to respect the courts.
The hi-tech way of chasing persistent offenders was used recently in Staffordshire during the national fines blitz, Operation Payback 3. Staffordshire magistrates' court set up an automatic system for contacting offenders. It involved sending a "pay up or get locked up" message to about 150 fine evaders' mobile phones.
It worked! The element of surprise frightened about three quarters of the offenders into paying up immediately. Because it was so successful, it may form part of the National Enforcement Service (NES) which will be tested next April and come into effect a year later.
Constitutional Affairs Minister Rt. Hon. Harriet Harman QC MP said:
"Everyone's got a mobile phone and as one of the most common ways to keep in touch these days, it makes sense for the courts to contact offenders that way too.
"It's about being one step ahead of the criminals.
"It doesn't cost much, it's quick and effective and most importantly offenders take notice.
"People want to see the punishment fit the crime. If it doesn't, victims become upset and prosecuting agencies become frustrated. It's demoralising for the court too.
"We've already changed the law to give magistrates' courts better access to information and material held by police and others, such as photos of people who are charged.
"Now we're examining how extensively we could use texting to remind offenders of their legal and moral obligations."
The possible new weapon in the enforcement armoury comes as figures reveal the most successful Operation Payback so far. More than £2m in outstanding fines was collected, exceeding the previous national fines blitz total which was £1.7m.
Operation Payback 3 was partly responsible for the fact that October had the highest monthly total for fines collection in two years, exceeding average fine collections by about £4 million.
Eighty two per cent of offenders pay their fine compared with just over 50 per cent two and a half years ago. The improvements are laying solid foundations for the introduction of the NES which will be tested in the North West next April and introduced nationally in April 2007.
It's a rigorous new enforcement regime that will bring together for the first time a range of enforcement initiatives developed over the past two years. These include better access by magistrates' courts to crime fighting intelligence held by police and other government agencies such as the current whereabouts of 'hard to find' offenders.
Ms. Harman said:
"Fines and community penalties can only be credible sentencing options if they're enforced properly. The certain knowledge that offenders will be pursued relentlessly if they try to avoid punishment will encourage them to pay their fine and do their community penalty.
"Respect for the court means complying with the orders of the court and where that doesn't occur, we need to ensure rigorous enforcement.
Notes to Editors
The Office of Criminal Justice Reform is running a telephone reminder pilot in two areas - Camberwell Green and Devon and Cornwall. It involves a staff member calling the defendant to remind them to attend court.
Operation Payback 3 was held between 15 and 23 October 2005.
The NES, led by Neil Ward (currently Service Director for Crime, Her Majesty's Courts Service) will be an arm of HMCS.
Her Majesty's Courts Service is an executive agency of the DCA that administers 700 courts below the House of Lords.
Responsibility for enforcement is currently split between civilian enforcement officers employed HMCS, police, the Crown Prosecution Service (CPS) and the National Offender Management Service (NOMS).
Enforcement of court-imposed penalties relates to fines, community penalties, defendants who fail to attend court and asset recovery.
The 82 per cent of offenders who pay their fine is the figure for October 2005.
