One for the legal minds

Honest John Back Room » Motoring discussion
View Threaded
Fri 9 May 2003 13:16
One for the legal minds - Ian (Cape Town)
This was posted on a local site:

A friend of mine had a warrant of arrest issued for not paying a [speeding] fine. They also contacted XXXXX (his employer) to inform them that a warrant of arrest has been issued.
[In this country, fines do not carry associated points.]
While we have differing legal systems, this seems a bit heavy-handed, if you ask me ...
And remember, our new post-1994 constitution is VERY hot on Human Rights.
I would welcome some UK comment - thanks.
Reply | Report as offensive | Link
Fri 9 May 2003 13:43
One for the legal minds - Marcos{P}
I think it depends on how many chances the said person had to make the payment for the fine.
The problem is that when they don't pay a fine by a certain time it is usually increased, then the bailiffs are called in which adds huge amounts to the original fine and before you know it you are looking at a huge bill which a lot of people just can't pay even by selling all their belongings. The courts will then offer a warrant for their arrest.
They have to punish them somehow.
Reply | Report as offensive | Link
Fri 9 May 2003 13:46
One for the legal minds - Altea Ego
This is from dim memory and may be carp, but I understand that in the uk a court can issue an order to have fines taken directly from salary (ga?????? order) in which case an employer will need to be told why.
Reply | Report as offensive | Link
Fri 9 May 2003 13:51
One for the legal minds - Wee Willie Winkie
I believe it is called an Attachment of Earnings.
Reply | Report as offensive | Link
Fri 9 May 2003 16:39
One for the legal minds - Dwight Van Driver
Always difficult Ian when dealing with the laws of another country but as an ex member of the Empire
South Africa\'s laws will presumably be modelled on its old mother Country. - UK but my two penneth:

As stated above it appears your Courts can invoke an Attachment of Earnings Order whereby the employer removes wages to pay off a fine.

www.tinyurl.com/bdgp

page down to FINE.

If no such Order has been made then could it be that your Police have made enquiries at his place of work to establish whereabouts in order to execute the Warrant and as a result employer aware he is wanted?

In letting it be known a warrant outstanding are you arguing, if this is the case, then Human Rights have been violated?

I am no expert on HR legislation but a cursory look at Right to Liberty (Art 5) - No as warrant is due process of a Court. Right to privacy and family life (Art 8). Doubtful as due process of Law and the apprehension is in the interest of the State.

DVD
Reply | Report as offensive | Link