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PostPosted: Sun Apr 15, 2007 20:34 
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And if you've worked hard to achieve a reasonable standard of living and a modest cushion of savings, why should you be penalised more than a feckless scrote?

I recall this kind of thing being trialled in the early 1990s and resulting in an outcry, with wasters effectively getting away scot-free and responsible people with very ordinary incomes getting stung for hundreds of pounds.

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PostPosted: Sun Apr 15, 2007 22:37 
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The problem is that regardless of how hard you’ve worked, how well off your parents are, how lucky you are etc, unless a punishment for a crime is actually a punishment then it becomes something less and when we are talking about fines then it has direct baring on that persons ability to earn regardless of how.

With a fixed penalty system you simply widen the rich\poor divide, when a fine is proportional the punishment is equal (or at least perceived to be)

That said I’m not honestly sure where I stand. If I get caught doing 36 in a 30 then I have committed no greater crime in my new Ferrari than say J Scrote in his beat up Corsa, so the punishment should fit the crime, but when doing so the wealthier I am the less I am affected and so less inclined to stay within the law.

I think the punishment should fit the crime, but should also seen to be equal across society especially when talking about financial punishment., other punishments I think are largely indiscriminate of wealth.

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PostPosted: Sun Apr 15, 2007 22:40 
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That said I’m not honestly sure where I stand. If I get caught doing 36 in a 30 then I have committed no greater crime in my new Ferrari than say J Scrote in his beat up Corsa, so the punishment should fit the crime, but when doing so the wealthier I am the less I am affected and so less inclined to stay within the law.

You'll likely find that your Ferrari will pull up in a shorter distance from 36mph than Scrote's knackered throwaway would at 30. That's another reason not to escalate the fine for the richer.


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PostPosted: Sun Apr 15, 2007 23:04 
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Roger wrote:
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That said I’m not honestly sure where I stand. If I get caught doing 36 in a 30 then I have committed no greater crime in my new Ferrari than say J Scrote in his beat up Corsa, so the punishment should fit the crime, but when doing so the wealthier I am the less I am affected and so less inclined to stay within the law.

You'll likely find that your Ferrari will pull up in a shorter distance from 36mph than Scrote's knackered throwaway would at 30. That's another reason not to escalate the fine for the richer.


yes that's true, okay how about us driving the same cars when this occurs?

(some rich people have very bad taste in cars, you only have to watch top gears "star in a reasonably priced car" section to see this)

I think all I'm saying is that when the punishment for a crime is financial and fixed then the wealthier you are the better "deal" you get and so the incentive to not doing so again is less. I think such a system undermines the legal system to a certain degree.

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PostPosted: Sun Apr 15, 2007 23:53 
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Why should a fine be measured in £ and not %, just because thats the status quo?

We're so used to railing against the system here I think we forget that sometimes fines are merited, for motoring or other offences. The nature of the fine is not to take x amount of money (supposedly), it is meant to be a disincentive for the undesirable behavior or repeat thereof.

Try forgetting the motoring aspect, and think of another 'crime', one we can all agree is undesirable, say, I dunno, littering? How would you feel if Johnny Megabucks gets stopped by BiB/PCSO for chucking one of his empty money-bags on the ground in the high street. His response is to chuck £200 at the official and saunter off, certainly not suitably castigated, only to repeat the offence not too much later when he drops his still-lit cuban cigar butt in a kiddies play park? His disposable income is of such a level he is able to 'buy' the ability to offend with impunity.

The fact our fines are currently prefixed with £ is just current convention, many countries in the world successfully suffix them with %. It is normally from net monthly income for whomever asked.


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PostPosted: Mon Apr 16, 2007 03:44 
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RobinXe wrote:
Why should a fine be measured in £ and not %, just because thats the status quo?

We're so used to railing against the system here I think we forget that sometimes fines are merited, for motoring or other offences. The nature of the fine is not to take x amount of money (supposedly), it is meant to be a disincentive for the undesirable behavior or repeat thereof.

Try forgetting the motoring aspect, and think of another 'crime', one we can all agree is undesirable, say, I dunno, littering? How would you feel if Johnny Megabucks gets stopped by BiB/PCSO for chucking one of his empty money-bags on the ground in the high street. His response is to chuck £200 at the official and saunter off, certainly not suitably castigated, only to repeat the offence not too much later when he drops his still-lit cuban cigar butt in a kiddies play park? His disposable income is of such a level he is able to 'buy' the ability to offend with impunity.

The fact our fines are currently prefixed with £ is just current convention, many countries in the world successfully suffix them with %. It is normally from net monthly income for whomever asked.

It would make more of us use Freeman and the like - or are you suggesting that solicitors' fees should be postfixed with % too? ;-)


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PostPosted: Mon Apr 16, 2007 18:44 
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RobinXe wrote:
Why should a fine be measured in £ and not %, just because thats the status quo?

A problem with measuring it as a % is what you use as the base figure.

If it is "net income after tax", it takes no account of people's financial commitments. But if you attempt to factor in outgoings, then it penalises the careful person vis-a-vis the overborrowed spendthrift. And do you include income from savings, or even take some account of capital wealth?

It gets fiendishly complicated and, as I said before, when it was tried in the early 90s it ended up with workingpeople on modest incomes paying vastly more than scrotes, which seems grossly unfair to me.

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PostPosted: Mon Apr 16, 2007 18:50 
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Financial commitments are already taken into account when the repayment rate of fines is decided.


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PostPosted: Tue Apr 17, 2007 07:44 
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So, a Premiership footballer exceeds a limit and is fined. Should there be any maximum limit? Would one week's wages do for 36mph in a 30 limit? say £100,000. Any disincentive?

The footballer's girlfriend does the same. She doesn't work and is funded by the athlete. How much is she fined as she has no income?

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PostPosted: Tue Apr 17, 2007 08:31 
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Is the £60 a fine or an 'administration charge'?

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PostPosted: Tue Apr 17, 2007 08:45 
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Continuing with the premiership footballer example - would it be right that they are fined £100000 (say) if it was not them driving the car (they just happen to be the RK)? What happens to company/leased cars? What would happen if someone decided to make a pensioner/unemployed relative the RK (without being the legal owner)?

Is there a difference between automated (camera) offences and those where the person is stopped i.e. would it be possible to keep the existing points+fine penalty for offences where the driver is stopped (thereby retaining an incentive to not speed with relative impunity) while decriminalising automated offences which would then become a FPN (no points) to the RK?

I suppose there is still an issue of what happens if the details of the automated offence are disputed (cloned vehicle, disputed speed etc.) - there will need to be some mechanism to deal with this..? If the fine was means-tested (and potentially significant) would disputing the offences then become more common (another law of unintended consequences)?


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PostPosted: Tue Apr 17, 2007 17:16 
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All these questions!

Never forget people, google is your friend! I suggest those with straightforward questions have a look at how the policy works successfully in other countries, I believe Sweden uses it.


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PostPosted: Tue Apr 17, 2007 18:10 
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RobinXe wrote:
... have a look at how the policy works successfully in other countries...


What makes you think that this system would be implemented in the UK in a similar way to that used overseas. We would, of course, base it all on social equality/envy (as usual) and not fairness.

Anyway, who says it works "successfully" in other countries? How do you measure success? Yes, more questions to challenge this bad idea.

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PostPosted: Tue Apr 17, 2007 18:27 
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Have you bothered looking it up yet?


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PostPosted: Tue Apr 17, 2007 18:56 
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Would it not be better to fine people units of time ie hours worth of earnings or hours worth of community service? It would then hit all equally as their time is worth the same to them as anyone else's.


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PostPosted: Tue Apr 17, 2007 21:23 
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teabelly wrote:
Would it not be better to fine people units of time ie hours worth of earnings or hours worth of community service? It would then hit all equally as their time is worth the same to them as anyone else's.


Yes I think that could work quite well, 40 hours work is 40 hours work regardless of who you are, and for those that do not work a weeks income (in this example) could be used.

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PostPosted: Tue Apr 17, 2007 22:00 
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RobinXe wrote:
Have you bothered looking it up yet?

No, why don't you just explain it to me to save me the trouble. How would they cope in Sweden with the footballer and his WAG question above?

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Would it not be better to fine people units of time ie hours worth of earnings or hours worth of community service?

Not a fine (as this suffers from the same issues as described above) but the hours of community service might be a good idea. This is, at least, an equal sanction for all. Good heavens, the penalty would be related to the offence and not the offender. :)

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PostPosted: Wed Apr 18, 2007 16:10 
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I haven't read the whole thread (sorry), but just wanted to pick up on the fact that magistrates are resigning over this and the magistrates association are against it.

quite serious really


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PostPosted: Wed Apr 18, 2007 19:33 
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PeterE wrote:
I recall this kind of thing being trialled in the early 1990s and resulting in an outcry, with wasters effectively getting away scot-free and responsible people with very ordinary incomes getting stung for hundreds of pounds.


There is a difference between being poor and being a 'waster'.

But the real trouble with the trial in the 90s was that the greed of the system took over. Instead of modifying the fines so that the average stayed the same, they just took the current fine and multiplied it by a number between 1 and 15. Any fair system should not lead to an overall rise.

To be honest, I am a bit surprised that people who I know are otherwise fair-minded think it is acceptable to fine a pensioner or unemployed person who has £10 a week spare the same as someone who has £200 a week spare. That is a 20-fold difference in the effect of the punishment.


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PostPosted: Wed Apr 18, 2007 19:40 
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malcolmw wrote:
No, why don't you just explain it to me to save me the trouble.


Because if you're not bothered mate, I'm not bothered. One would just suspect its prudent to gather all the possible facts on a system before slating it. I'm not selling this system, so its no skin off my nose if you don't want to buy it.


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