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Aberdeen woman’s damaged fence results in new measures to get criminals to pay fines

Lewis Macdonald MSP
Lewis Macdonald MSP

The failure of an intruder to compensate an Aberdeen woman for a damaged fence has led to new measures to pressurise criminals into paying fines.

Justice Secretary Humza Yousaf yesterday pledged to introduce regulations to give courts new powers to access details of criminals’ incomes, after being alerted to Michelle Gavin’s case.

Ms Gavin has only received £15 of a £400 order imposed after an intruder broke her garden fence three years ago.

North East Labour MSP Lewis Macdonald raised her case at Holyrood as MSPs last night passed a bill which means electronic monitoring will play a greater role in the criminal justice system.

The Labour MSP has used Ms Gavin’s experience to argue that courts need more tools to pursue unpaid monies.

He has pointed out that there have been 48,000 court citations and 21,000 arrest warrants issued for the non-payment of fines and compensation.

Mr Macdonald said Ms Gavin had “waited far too long” for her compensation and urged Mr Yousaf to allow courts to access information about earnings and benefits directly from the UK Government’s Department of Work and Pensions and HM Customs and Revenue.

The Justice Secretary said draft regulations would be put before Holyrood to enable that to happen after the parliament returns from the summer recess.

Mr Macdonald asked whether the new regulations would cover previously imposed fines like the one imposed on the intruder into Ms Gavin’s garden.

Mr Yousaf said he was unable to give an answer on that point until the regulations were drafted.

But the Justice Secretary added: “We will do everything we possibly can.”

Mr Macdonald said the regulations would make it easier for courts to deduct benefits and arrest wages when fines were unpaid.

Last night a majority of MSPs voted for the Management of Offenders (Scotland) Bill. The legislation will enable the Scottish Government to be able to introduce electronic devices that have GPS tracking systems or can monitor whether an offender has ingested drugs or alcohol.

But the bill was opposed by the Tories, who claimed the increased used of monitoring and tagging was “a ruse to empty jails”.