Please note: This is as I understand it and I would very much welcome corrections.

There is much confusion among the general public about the divide between civil and criminal prosecution.

If you steal from a shop the police can be called and you will be arrested and charged by the police. When it comes to bringing the case to court the Crown Prosecution Service will decide whether there is sufficient evidence to bring a conviction and, if there is, bring proceedings against you.

If you order goods from someone and then fail to pay for them then the police cannot be called and the case must be brought by the victim. If the cost of the unpaid-for goods is sufficiently small you can bring the case for free at the Small Claims Court.

And this is why I am writing this article. If you take someone to court the Magistrate will normally rule that the money must be paid. That does not make it so and a further court case must be brought in order to call in the bailiff. If the bailiff is told that everything is rented then the bailiff must still be paid and a further court case brought in order to pursue the money. At this point the non-payer may say they have no money or that they have many other creditors and agree to repay the amount in small instalments over a long period of time.

This is just not good enough! Some companies operate in industries will small-to-non-existent profit margins. Each time a company is unable to recoup money lost due to non-payment the company edges closer to insolvency. It should not be this hard…

The Magistrate’s initial order should be enough to seek all reasonable efforts to recoup the money. If the claimant is found lacking funds to pay the debt the money should be paid by the state and the debtor made to pay the amount through a period of community service or similar money-making exercise. Refusal should mean prison.

Alternatively, pre-ordered goods should be considered stolen in the criminal sense if they are not paid for as agreed. This, I would suggest, would require an instant and enormous increase in the size of the police force and provide the police with an almost impossible job. But why should honest people lose out to devious people who wish to receive goods or services without having to pay for them?

David Cameron has promised to work for small businesses to invigorate the British economy. If Cameron can tackle just this small problem with our legal system he will have dealt a massive blow to low-productivity, he will have created stronger small businesses and he will have won a massive portion of the electorate with one simple act. I’m sure he can do it and I expect he will.