The authority's Representative normally gives details of case against defaulter - if necessary on oath
This will include full details of liability and details of all action to date, together with evidence of the debtor's continuing default
R v Liverpool jj ex parte Lankriet (QBD)
Means enquiry must be sufficient to establish whether failure to pay was culpable or not
R v Highbury Corner jj ex parte Uchendu (QBD) 1994
Means enquiry must be held - committal quashed
The Court should allow the defaulter to cross examine the Authority's representative and question liability where appropriate
The Clerk should put the defaulter on Oath and examine current circumstances relating to:
background
income
essential outgoings
money available
The authority and the Clerk are required to establish
background
income
essential outgoings
money available
for relevant period to prove 'guilt'
CC & NDR = first instalment. becoming due to granting of LO for each debt
Council Tax = first instalment. becoming due until Committal application
It is essential to establish conduct of debtor throughout relevant period and make full notes
R v Manchester City jj ex parte Davies (QBD) 1987
Negligence does not necessarily give rise to culpability - Means enquiry must look at means during relevant periods
The Clerk should allow the authority to cross examine the debtor
Is there is clear evidence of Wilful Refusal?
If yes, Clerk should advise JJ to find wilful refusal and make notes accordingly
If there was an ability to pay after payment of essential outgoings established over relevant period, then Clerk should advise JJ to find culpable neglect , note accordingly
If 'guilt' is proven and there is now an ability to pay then normally a suspended sentence with achievable terms
If 'guilt' is proven and there is not now an ability to pay consider alternatives:
Fixing a sentence with temporary payment terms to be reviewed on a fixed date
Remitting all or part of the debt - if part only set date for review of circumstances
Make no order, LA must then reapply if there is a change in circumstances
If 'guilt' is proven but there is a refusal to co-operate with the enquiry, Clerk should warn of circumstances and advise Justices to make an order for payment in full within a period (or provision of information relating to means)
If 'guilt' is not proven Court should consider making no order or remitting - Costs due to BA may be remitted under Sch 6 Magistrates Courts Act
R v Oundle & Thrapston jj and Delany ex parte Northamptonshire DC (QBD) 1980
Magistrates should only remit on grounds of an inability to pay
Harrogate BC v Barker (QBD) 1995
JJ do not have power to remit once term of imprisonment has been fixed or committal warrant issued
The debtor should be brought back to Court or be given opportunity to reappear
R v Poole JJ ex parte Fleet (QBD) 1983
If debtor appears in response to either letter from the Authority or Court, the Clerk should establish
Whether circumstances of debtor have changed materially since original order
That original postponement terms were achievable
Dependant on answers to above Court should either consider
issuing warrant of commitment
revising terms & re postponing
If debtor does not appear, the Court should consider if it is reasonable that a warrant of commitment should be issue in absence
If so resume hearing and Court should set terms and postpone issue of warrant
If 'guilt' was not clearly established - a full means enquiry should take place
R v Erewash BC & Ilkeston jj ex parte Smedburg & Smedburg (QBD) 1993
R v Gillingham BC ex parte MacGregor (QBD) 1994
Associated Provincial Picture Houses v Wednesbury Corporation (CA) 1948
All public authorities and Courts must be seen to have taken all relevant factors into account, not to have regard to irrelevant factors and decision is seen to be reasonable
Refereed to as Wednesbury Test of Reasonableness'
The maximum sentence for Council Tax is 3 Calendar Months
Where payment is made then the sentence is reduced by the number of days pro rata
Execution is normally by the police or other person instructed by the Court.
The costs are incurred by the authority, but no costs are incurred in the transport to prison
Whilst the amount remain outstanding there are no further recovery actions that can be taken
Cases reaching this stage will normally be written off if not paid
