Publisher Citation:	[2002] All ER (D) 352 (Mar)
Court:	Divisional Court
Judge:	Rose LJ and Leveson J
Representation	Rudi Fortson (instructed by Maxwells Solicitors, Lingfield) for the claimant.
	The prosecution did not appear and was not represented.
Judgment Dates:	22 March 2002

Catchwords

Magistrates - Fine - Compensation order - Committal to prison in default of payment - Claimant failing to pay compensation orders - Justices deferring means inquiry into failure to pay fine - Justices linking both matters - Claimant complaining he had received inadequate legal advice - Justices finding claimant wilfully refused and culpably neglected to pay orders and fine - Whether justices erring in committing claimant to prison.

The Case

When considering whether an adjournment should be granted in enforcement proceedings to enable the present position to be ascertained, justices had to be astute to ensure that a defendant was not disadvantaged but also alert to any attempts to put off the moment of enforcement.

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