An addition to the council tax debate. This is a gem.
"Imprisonment for council tax default is unlawful because the law states that imprisonment is a last resort and other methods should be tried first: the courts can either order attachment of payment from benefit if the debtor is unemployed or from wages/salary if the debtor has a job, and from any savings account if the debtor has neither job nor benefit but has assets, so there is always an alternative. Unfortunately, some magistrates impose custody on council tax debtors as a punishment; but this is explicitly forbidden by law. Owing money is not a crime, and imposing any form of punishment is not permitted by law. "
Magistrates are not judges and rarely have legal qualifications. They are administrators working for the CPS and are directed by CPS lawyers. Actual justice for all criminal matters means that a Court of Record and jury trial are absolute rights of every individual inhabitant.
Magistrates Courts Act 1980, section 96(1)
There should be no commitment to prison for civil debt except upon complaint, issue of summons and means enquiry in person and finding of wilful refusal/culpable neglect as above.
Note, if you do not appear in court there can be no means enquiry – and therefore no committal!
Six steps for a council tax debtor to be committed to prison:
1. A complaint is filed at the magistrate’s court.
2. A summons is issued and served. Remember a summons is only an invitation.
3. The hearing is attended by the debtor.
4. A means enquiry is conducted with the debtor appearing in person.
5. The court must find ‘wilful refusal’ or ‘culpable neglect’.
6. There must be no other appropriate measure available.
In other words, it is almost impossible to be imprisoned for not paying council tax. It is only meant to serve as a deterrent, not a punishment.
In view of the UN International Covenant of Civil and Political Rights, it would be legally impossible to imprison someone simply for failing to pay a civil debt. Therefore, if imprisonment ever took place, it would in effect be for criminal contempt of court.
But we have two questions: how can you be in criminal contempt of a court in a civil matter? And how can you be in any form of contempt of a court that you do not attend?
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
"Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. "
Lloyd and 44 others v UK is an interesting case and probably never mentioned in the main press! I wonder why?
ReplyDeletehttps://swarb.co.uk/lloyd-and-others-v-the-united-kingdom-echr-1-mar-2005/
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