tag:blogger.com,1999:blog-34631969.post7617992258224881278..comments2023-07-18T10:22:59.267+01:00Comments on Radio Free Stan: Dubious MeansStanhttp://www.blogger.com/profile/06103651970861727267noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-34631969.post-16793441712997762372010-08-25T17:01:42.279+01:002010-08-25T17:01:42.279+01:00I'm not sure how wide spread a problem this ac...I'm not sure how wide spread a problem this actually is. In my experience the vast majority of defendants have little money or get their money through sources that the court would find very difficult to check - such as thefts or drug dealing or cash in hand work. None of this is likely to ever find its way through a bank account. It's fairly easy to tell the two apart... first group arrives at court looking poor (i'm sorry but there is a look about some people) and saying they have no money. The second group arrives in designer clothes carrying about 4 mobile phones, all brand new and saying they have no money.<br /><br />Then there is the cost of undertaking these checks. I'm told that one of the reasons for dropping the old means test was that it cost more to administer than it cost to provide universal legal aid - something which we may well find happens again under the new means testing. I can't imagine that it would be cheaper for the Court Service to employ a large number of financial investigators to trawl all the various financial info and make a decision like that for what would still turn out to be a relatively paltry fine.<br /><br />Also, there's the question of proportionality to consider. Is it proportional to have the state go through a persons full financial life - which will necessarily intrude on their private and family life when you start asking things like do you have a partner? kids? how old? what expenses to you have for your home, kids, partner etc? All that just to get a few extra quid?<br /><br />I'm sorry but I don't see it working and as had already been pointed out you have the power now to make enquiries if your not satisifed. I've seen at least one judge have a defendant searched who she thought had more cash than he was letting on... she was right as well.phatboyhttps://www.blogger.com/profile/09945060500895486153noreply@blogger.comtag:blogger.com,1999:blog-34631969.post-65146430969794866722010-08-19T19:07:07.906+01:002010-08-19T19:07:07.906+01:00It was open to you to draw your own conclusions an...It was open to you to draw your own conclusions and state why, see below from te guidelines:<br /><br />"No reliable information<br />11. Where an offender has failed to provide information, or the court is not satisfied that it has been<br />given sufficient reliable information, it is entitled to make such determination as it thinks fit regarding the<br />financial circumstances of the offender.4 Any determination should be clearly stated on the court records<br />for use in any subsequent variation or enforcement proceedings. In such cases, a record should also be<br />made of the applicable fine band and the court’s assessment of the position of the offence within that<br />band based on the seriousness of the offence."<br /><br />Then the offender cold ask for a means enquiry if he wanted to provide the evidnce to argue!2nd Violinisthttps://www.blogger.com/profile/17825183080287300476noreply@blogger.com