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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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Morning I have one of my staff that has a suspend sentence

Customer Question

I have one of my staff that has a suspend sentence for assault she has apparently done the community order but has fallen behind with her fine she now has the funds to clear this the police have been to a old address looking for her asking to call them but no warrant has been served basically because they can't find her I think
I have told she needs to deal with it because it will not go away
She just wants to pay it in full and get on with her life
What is the best way forward ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this. What is your involvement in this,are you just trying to help the employee personally?
Customer: replied 4 years ago.
Yes she is a employ and she is concerned and not sure what to do she has saved up the outstanding fine and is in a position to settle it in full I said I would try and find out the best way to sort it out
Customer: replied 4 years ago.
Do you have answer for me ?
Expert:  Jo C. replied 4 years ago.
Sorry, I missed this.

What would you like to achieve? You are willing to pay off the fine?
Customer: replied 4 years ago.
Pay the fine off in full as well as any cost basicly then she should be able to get on with her life with out the risk of prison etc
Expert:  Jo C. replied 4 years ago.
Well, there are no guarantees of that. There are very few guarantees with criminal work. What you have to do is risk manage.

Come what may, she is on a suspended sentence and she has failed to pay the fine. They could indeed impose the suspended sentence and send her to prison.

You are right though, this won't go away and the sooner she deals with it the better.

If she has complied with her community order then Probation will not breach her for non payment of the fine.

If she hasn't fallen far behind then the collection order is probably not being invoked yet anyway so if she pays in full it might be that nobody will ever notice. Admin centres tend not to be the white heat of efficiency.

What she needs to do is call the collections office, pay in full and ask if there is a warrant out for her arrest for non payment of fines. They actually might withdraw it if she pays. They can do that when it suits them.

The fact that this is a police attendance rather than a bailiff one would tend to suggest there is a breach though. If so, and they will not withdraw it upon payment, then she will have to hand herself in.

The Court must impose the suspended sentence either in full or in part or make the community order more onerous. Given that she has completed the community order the practical reality is that the court is likely to just give her more unpaid work or curfew. Nobody can guarantee that obviously but that is likely if its just a default on the fine and she pays in full.

Hope this helps. Please let me know if you need more information.