ChatterBank4 mins ago
Criminal Records
Those taken to court & found guilty for debts, sqatting as in Sheriffs are coming etc are seen as criminals. Do they have criminal records?
One was a mayor, as I recall.
One was a mayor, as I recall.
Answers
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Civil courts don't handle criminal matters. A County Court Judgment (in an English court) or the Scottish equivalent (a Decree) is simply a ruling from the court that the debt must be paid. If it's left unpaid the creditor can then go back to the court to seek some form of enforcement action. No crime has been committed, so no criminal record can be created (or...
16:32 Wed 28th Mar 2018
Civil courts don't handle criminal matters. A County Court Judgment (in an English court) or the Scottish equivalent (a Decree) is simply a ruling from the court that the debt must be paid. If it's left unpaid the creditor can then go back to the court to seek some form of enforcement action. No crime has been committed, so no criminal record can be created (or added to).
The borderline between criminal and civil matters can sometimes be a narrow one. For example, if I fill my car up with petrol and drive off without paying, I've committed a crime. However if, after filling the tank, I find that I've left my wallet at home and (after providing him with evidence of my name and address) the owner of the filling station agrees that I can pay him later, then (even if I don't pay later) the police can't get involved - it's entirely a civil matter.
The borderline between criminal and civil matters can sometimes be a narrow one. For example, if I fill my car up with petrol and drive off without paying, I've committed a crime. However if, after filling the tank, I find that I've left my wallet at home and (after providing him with evidence of my name and address) the owner of the filling station agrees that I can pay him later, then (even if I don't pay later) the police can't get involved - it's entirely a civil matter.
CCJs are civil and have their own record banks - which are public but you have to pay to access.
Fines ( criminal fines) can result in enforcement action but the rules are very different - you can be arrested.
The police computer contain lots of information besides court convictions but they arent really criminal records. There will be a record of whether you have firearms certificate for rather obvious reasons, but that would deffo NOT be a criminal record.
Chris' example on bilking is not really helpful - having been reported myself for bilking - you are invited by the police to pay the unpaid bill someone has reported you criminally drove off with. But they had video of me trying to pay for the bill with a card. So I had been reported for theft when the reporter knew I had not been guilty of it.
( surely this means that the police collect civil debts? - apparently this has been stopped)
Fines ( criminal fines) can result in enforcement action but the rules are very different - you can be arrested.
The police computer contain lots of information besides court convictions but they arent really criminal records. There will be a record of whether you have firearms certificate for rather obvious reasons, but that would deffo NOT be a criminal record.
Chris' example on bilking is not really helpful - having been reported myself for bilking - you are invited by the police to pay the unpaid bill someone has reported you criminally drove off with. But they had video of me trying to pay for the bill with a card. So I had been reported for theft when the reporter knew I had not been guilty of it.
( surely this means that the police collect civil debts? - apparently this has been stopped)
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