How court fines can make money and mental health problems worse

For many of us, the last few years have proven difficult. The ongoing cost-of-living crisis has taken a toll on our ability to get by and on our collective mental health, leaving over a quarter of adults in the UK feeling unable to cope. Plunged into debt and behind on bills, for some of us it means not paying the TV licence on time or trying to get away with not paying the bus fare. Despite being clearly in need of help and support, new research undertaken by the Centre for Justice Innovation shows that too often our criminal justice system’s response to these offences simply exacerbates the problem – by imposing a criminal court fine. 

This blog shares findings from the research that outline the reality faced by many in this situation, drawing specifically on the lived experience of the 56 people interviewed by the Centre who were on a low income and had received a court fine.

Sentencing guidelines say that fines should have an equal impact on anyone receiving them, regardless of their financial circumstances, and that no one should be asked to pay more than they can afford. Yet this new research, conducted during the cost-of-living crisis, shows that the court system is failing to meet these aims. It reveals that a large proportion of the offences for which court fines are given are strongly related to people’s poverty, and that fines disproportionately affect those on the lowest incomes. That forces some of the poorest in our society into unmanageable debt and destitution, greatly impacting their mental health.

The research identifies that court fines are the most common sentence given out by our justice system – over 75% of people convicted each year are sentenced to one. Yet the government does not collate data on people’s socio-economic status, leaving us all blind as to how many people in poverty are plunged further into unmanageable situations. 

The research reveals the profound strain experienced by individuals on low incomes who receive court fines. For the most part, people emphasised the impact the fine had on their mental health, leading to significant worries. The fear of not being able to afford the next fine payment led to increased feelings of anxiety and stress, and for many the constant weight of having to plan how to stretch their budget to cover the fine took a mental toll. 

People described feeling that they were in a never-ending cycle of debt to the court, which would never be paid off. For some, this stress affected their sleep and led them to seek help from their GP to cope. Though disturbing, these findings are unsurprising considering the plethora of evidence showing debt worsens mental health problems.

At the furthest edge of the spectrum, court fines led to people experiencing extreme hardship and destitution. For those who were already living in poverty or close to it, payment of the court fine left them without enough money to pay for basic living costs, such as bills, rent and clothes for their children.

People reported going into arrears on their rent or council tax due to having less money after paying their court fine, and in some cases being left without enough to cover food, being forced to rely on foodbanks to survive. This struggle just to get by and constant anguish over how much money they would be left with each month and whether it would even cover the basics took a toll on people’s mental health.

The research highlighted how injustices plagued the court fine system, with individuals highlighting inconsistencies and perceived unfairness throughout all stages, from determining the total amount needed to be paid, to the way this amount was collected. 

While the amount that people are fined is meant to be set at an affordable level for the individual, most people believed their income hadn’t been considered. A number of people reported a lack of any discussion of their financial circumstances, while the remainder suggested this information being assessed via a range of differing practices, though mainly through a form assessing their means. 

The research found, however, that there were variations in how thorough this assessment was, and many interviewed felt that it was too basic, leaving out the essential details needed to understand a person’s financial position, such as whether they were in debt, were on long-term sick leave from work or had any dependents. People also said that additional financial charges, which are often imposed alongside court fines, often doubled the total amount that was owed to court and made it feel impossible to pay in the given timeframe. Many did not understand what these costs were for or how they had been calculated, adding to their feelings of injustice at the court fine system.

In terms of paying the fine, there was variation amongst those interviewed in how, or whether, this was achieved. Of those who paid their fine off in one single payment, some had only achieved this by borrowing from friends and family, or by relying on credit cards, preferring to shift their debt away from the justice system.

Some had been told they had no other choice but to pay in full and had only a limited time to do so.

Many of the people interviewed paid through monthly instalments by setting up a payment plan, however this was often for amounts they could not reasonably afford or meant very long and daunting payment timelines. Some had paid their fine through automatic deductions to their benefit, or in a few cases their wages, sometimes without their consent. People told us this often left them feeling violated, powerless and not in control of their own finances.

Many of the people interviewed for the research also faced enforcement action, usually from missed payments due to lacking the funds to pay, and felt this escalated quickly and wasn’t proportionate to their level of arrears. The prospect of bailiffs coming to their home and taking their belongings was a particular fear and source of distress, echoing Money and Mental Health’s own findings that this often leads to feeling bullied, scared and filled with dread.

Additionally, people felt that enforcement was more aggressive and less flexible than the recouping of debt owed to commercial creditors, a highly concerning fact when considering the already shocking level of harassment and overwhelm felt by those facing bombardment from the latter.

These are just some of the findings from the research, but enough to highlight the need for reform of the fines system. Find out more and read the full report here. If you are interested in helping the Centre work on developing solutions in the next stage of this research, get in touch with them by emailing [email protected].