ABSTRACT
It has been recognised that the pressures placed on local authorities budgets throughout the last two decades and presently justify applications for realistic levels of legal and investigative costs.(a) The courts generally look at the total financial penalty in relation to a person’s ability to pay when awarding costs. As a rule of thumb, the courts seem to look at payment over a 12 month period as a starting point, although payment over two or three years is seldom too long, if the financial penalty which is within the capacity of the offenders and default is unlikely over that period,(b) Such costs are enforced by the magistrates’ court bailiffs service. Costs orders should not be confused with a civil debt. Thus, if the defendant does not pay, the council cannot enforce the costs as a civil debt. The magistrates also have the right to remit the costs orders at any time given a change of circumstances of the defendant and there is no right of appeal against such a decision. The orders for cost and the remission of those costs are in the absolute discretion of the magistrates.
