Means Enquiry Form (MC100)

If you receive a  summons or Single Justice Procedure Notice in relation to Magistrate Court proceedings, you should also find attached a Form MC100 Statement of Means (commonly called a Means Enquiry Form). Everyone  who is prosecuted for an offence must complete the MC 100. We cannot emphasis enough the importance of completing the Means Enquiry form (and in particular if you are in receipt of benefits or a low income). It is important to stress that all defendants are obliged to complete a Statement of Means and it is an offence if the fail to do so.

The information provided on the Statement of Means (MC100) will be used by the Magistrates when setting the amount of the fine.

Relevant Weekly Income (RWI)

The amount of the fine is calculated by the court as a percentage of your “relevant weekly income” (RWI). The court will use the information provided by you on  the MC100 Statement of Means form when setting the amount of the fine. If  your only income is state benefits, the court must assume that your income  (RWI)  is £120 per week.  And consequently,  the fine will be set at an affordable figure.

If you fail or refuse to complete the Statement of Means, the court must assume that  your  RWI is £440  per week.  Consequently, the  Magistrate will set the level of fine at a much higher rate for example: The Sentencing Council Guidance provides that a Band A fine should be set at between 25% to 75% of RWI with a Band B fine set between 75% to 125% of RWI. Hopefully, readers of this page will now recognise the importance of completing the Means Enquiry Form (MC100).

I have not been Means Tested.

We receive many enquiries on this subject. If your fine has been set at a level much higher than it should be (because you had failed to complete the Statement of Means) you can apply to the court for consideration of part remission of the fine.

Remission of a Fine

In considering whether to remit part of all of the fine, you would need to explain to the Magistrates Court why you had failed to complete the Means Enquiry Form (MC100)….for example; you may have moved address and not received the Summons/Single Justice Procedure Notice.  It is important to point out that costs, compensation, surcharge and excise penalties cannot be remitted.

Where there has been a change of circumstances (for example; where your income has reduced significantly or where essential outgoings have increased making payment of the fine difficult), the court may remit all or part of a fine. The court would require supporting evidence of the change of circumstances.

The information on this page was updated in December 2024. 

Commentary from Bailiff Advice Online

If you have a query about a Means Enquiry Form (MC100) or any other matter regarding enforcement of a Magistrate’s Court fine by a bailiff (including getting a payment proposal agreed), you can email a question to us using our popular Enquiry Form. Alternatively, you can contact our free helpline.  Details are on our Contact page.

Our Simplified Guide to the Taking Control of Goods Regulations 2013 can be read here.