Unpaid court fines: enforcement, arrest warrants and help

This guide concerns unpaid criminal court fines in England and Wales. Enforcement, arrest and imprisonment involve different legal powers; Scotland and Northern Ireland have separate procedures.

You’re not alone in this situation – in fact, over 170,000 people visit this site each month for advice on similar issues.

Let’s go through:

• What a court fine is and why you get one.
• How to pay a court fine.
• What happens if you don’t pay the court fine.
• What different court warrants can authorise
• How to ask for a review or help with payment

Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. As a result, it’s understandable that many people are worried about debt and the impact it can have.

So, we understand your worries about your things being taken away or having to deal with bailiffs. We’re here to help you learn how to handle the situation.

Why do you get one?

Criminal courts can impose a fine following conviction, including through procedures that do not require an in-person hearing. The offence, court and sentencing powers determine the available penalties.

• Traffic offences
• Antisocial behaviour
• Public order offences
• Unpaid TV licence

Does it mean a criminal record?

A court fine follows a conviction, but whether and how it appears on a particular criminal-record check depends on the offence, disclosure rules and time elapsed. Do not confuse this with civil parking penalties.

How to pay a fine

Use the payment instructions on the fine notice and the current official court-fines service. Other methods can be arranged through the listed enforcement office; different services apply in Scotland and Northern Ireland. See related guidance.

Court fines are classified as a priority debt and the consequences of not paying court fines can be very serious. This is why you should prioritise paying your court fine before non-priority debts, including personal loans and credit card debts. 

The good news is that court fines usually consider your financial situation and are set so they’re reasonable to you. 

But if you find yourself unable to afford your court fine, you should contact the court as soon as possible. The court could offer a new payment plan or adjust your payment plan (if you already have one).

It’s important to contact the court with your financial situation to hand. So it’s best to work out your monthly budget and what you can reasonably afford before contacting the court. A debt charity can help you do this quickly. 

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What if I don’t pay it?

If you don’t pay your court fine by the deadline, the court can enforce payment in different ways. The court could:

1. Have the money taken from your employment or benefit income.

2. Employ bailiffs to come to your home and collect payment or seize goods. If this happens, you’ll also be subject to expensive bailiff fees. If this is likely, you need to know more about bailiffs and how to deal with them, which can do through my popular bailiff page. 

3. A registered magistrates’ court fine default remains on the public register for five years from conviction unless removed by the court. This can affect credit, but it does not automatically prevent every application.

If you can’t afford to pay for a court fine, seek legal advice immediately. There are several charities that offer free advice for debt-related issues. I have linked a few at the bottom of this page.

Typical Bailiff Fees and Charges

Bailiffs may take control of permitted goods owned by the debtor, subject to statutory exemptions and procedure. The test is not simply whether an item could be described as a luxury.

Here’s a quick table explaining the typical bailiff fees and charges. For more information on how bailiffs operate, be sure to read our specialized guide.

It’s important to consider the associated costs of dealing with bailiffs.

Enforcement can add lawful costs and cause hardship. Contact the court and a free debt adviser promptly; ordinary insolvency solutions do not normally discharge criminal court fines.

Court summons

If you don’t pay a court fine, they could summon you to court. You must attend a court hearing if you’ve been summoned to court for the unpaid court fine. 

This can be an opportunity for you to explain your financial circumstances and why you didn’t pay, resulting in a more affordable agreement. Take a look at this example.

This forum user would benefit from speaking to a debt charity. The advisors will either be able to give some legal advice on how to request an amendment to the fine, or help them go through their finances to find a way to prioritise this fine over other non-priority debts or payments.

Can you go to prison?

Imprisonment for fine default is subject to strict legal conditions, including a means inquiry and the applicable tests concerning payment, wilful refusal or culpable neglect. Genuine inability to pay should be explained with evidence.

An arrest warrant to bring someone before the court is different from a commitment to prison for fine default. Missing a required hearing can lead to arrest, but a table of fine amounts does not predict the sentence for failing to attend.

Warrant to take control of goods	Authorises the specified enforcement process; it is not by itself an arrest warrant.
Arrest warrant	May require a person to be brought before the court. Obtain urgent advice and follow the court’s directions.
Commitment for fine default	Requires the applicable statutory conditions and court process. The outcome is not determined by the fine amount alone.
Unable to afford payment	Contact the fines office with a budget, ask about a review and attend any required hearing.

What is a HMCTS warrant?

HMCTS means His Majesty’s Courts and Tribunals Service. It administers different kinds of warrant. Check the actual document: a warrant to take control of goods is different from an arrest or commitment warrant.

Can it be written off?

Criminal court fines are generally not discharged by an IVA, DRO or bankruptcy, and ordinary civil-debt limitation rules do not provide a six-year write-off. The court has separate review and remission powers. See related guidance.

However, it is possible for the court to remit the fine depending on your circumstances.

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Debt advice: Continue to the debt enquiry form

Advertisement. MoneyNerd is a commercial introducer, not a debt adviser. The Debt Advice Service, a trading style of Pacific Financial Solutions Limited, offers free debt advice with no obligation. If you request an introduction, your details are shared with them so they can contact you.

Some debt solutions have fees and may negatively affect your credit rating. MoneyNerd may receive a fee if you proceed with a debt solution through The Debt Advice Service. MoneyHelper offers free, impartial money guidance and help finding free debt advice.

How long before the fines are written off?

There is no set timeframe wherein court fines are written off. Instead, the court can decide to remit a court fine by writing off all, or part, of the fine if your financial circumstances have worsened since the fine was issued.

If the court did not have accurate financial information, ask promptly about reviewing the fine. The outcome depends on the legal powers and evidence; do not assume a reduction is either guaranteed or impossible.

A fine, compensation, prosecution costs and other financial orders can be governed by different powers. Ask the court which parts can be reviewed instead of assuming a change to the fine automatically changes every sum.

What Will Happen Next?

In summary, you should expect the court to take further action if you fail to pay your court fine. The most common action taken is to either recover the money owed from your employment income, from your state benefit payments or by using bailiffs. 

Further proceedings depend on the case. Attend any required means inquiry and seek legal advice about imprisonment or arrest risks; non-payment alone does not make committal automatic.

A warrant for your arrest may be made if you don’t turn up to a court hearing you’ve been summoned to. All in all, it’s much better to communicate with the court if you’re having difficulty paying. There are ways to make the court fine more affordable.

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. MoneyHelper – Paying Court Fines
3. GOV.UK – Pay a Court Fine
4. StepChange – Creditor and Debt Collector Conduct