Fines I

Modernisation

Fines are the most commonly used punishment/sanction.  Traditionally fines have been specified by legislation.  The level of monetary fines had become entirely out of date because of inflation in many cases.

The Fines Act 2010 modernised the law on fines.  In particular, it modernised the level of fines in the older statutes to allow for the fall in the value of money.

Criteria

In imposing a fine, the court must have regard to the means of the offender.  It must not be disproportionately high simply because the offender can afford to pay.  However, a fine should be reduced where the offender has limited ability to pay.  Imprisonment should not be imposed simply because a fine would not be sufficient punishment because of the person’s means.  Imprisonment should only be imposed if the circumstances are sufficiently serious to warrant it.

There may be a higher level of fines specified in the case of second and further convictions.  Fines may be imposed in addition to or by way of an alternative to imprisonment.

On Indictment

The common law power to fine applied to a misdemeanour and it may arguably have been abolished by the removal of the misdemeanour felony distinction.  The Criminal Law 1997 Act removed the distinction and provided generally that a court can fine any offender on conviction on indictment.  The amount of fine on indictment is unlimited unless the statute specifies otherwise (which is commonly the case).

Some fines are paid to particular bodies in particular sectors.  For example, fines may be payable to health authorities, local authorities, et cetera.  There are rules concerning the disposal of fines.

Generally, a fine is payable within 14 days.  Further time may be allowed on the application of the accused. Offenders may be imprisoned for failure to pay fines.  Many persons were imprisoned for short periods for failure to pay fines.  This was criticised as placing a significant burden on the prison system and administrative authorities.

Classes of Fines

The District Court Rules provided for levels of fine and number of days of imprisonment in default of payment of fines.  This also applies to orders for payment of cost and compensation. Recent Fines legislation now regulates the matter.

Class A fine is a fine not exceeding €5000,

Class B fine not exceeding €4000,

Class C fine, fine not exceeding €2500,

Class D fine not exceeding €1000,

Class E find not exceeding €500.

Reference after the Fines Act, in legislation to fines of the above class refer to a maximum fine above.

Updating of FInes

Provision is made for inflation-proofing old Acts. The following provisions apply to summary offences. Acts are graded depending on their age.  There are eight categories dating from

• pre-1915.
• 1915 to 1945,
• 1955 to 1965,
• 1965 to 1975,
• 1975 to 1979,
• 1980 to 1989,
• 1990 to 1996 and
• 1997 forward.

The historical fines in legislation enacted in those years are indexed in broad terms by providing that fines in legislation passed in the relevant period within the appropriate monetary bands are respectively either Class A, B, C, D, or E fines as the case may be.  Accordingly, all historical  references to fines are to be interpreted accordingly.

In the case of fines on indictment, where there is a maximum fine, the relevant amount is calculated by a multiplier with the reference to the above period.  The multiplier varies between 1.75 in respect of 1990- 96 and 50 in the case of pre-1915 Acts.

Recovery Orders

A court when  imposing a fine consequent on being convicted of an offence shall make a recovery order appointing an approved person as receiver in default of payment of the fine.  The recovery order appoints an approved person as a receiver to recover the fine or the unpaid part of it and the fees of the receiver and expenses reasonably incurred in performance of his functions.

The receiver may seize and sell property belonging to the person convicted and recover from the proceeds of sale, a sum equal to the fine and the expenses of recovery.

A recovery order is not to enter into force unless the person in respect of whom it is made, fails to pay the fine by the due date.  Where the person so fails, the order has effect from the date after which the Courts Service notifies the receiver concerned in writing that the person has failed to pay the fine by that date.

Powers of Receiver

A recovery order may authorise the receiver alone or accompanied by members of the Garda Síochána, as he considers necessary,

• to enter if necessary, by force premises, including a dwelling house, at which there is reason to believe property belonging to the person is located;
• demand and take possession if necessary, by use of reasonable force of any property specified in the order or that belongs to the person;
• issue receipts in respect of any property  which the receiver has taken;
• manage, dispose of and retain or otherwise deal with the property;
• insure the property and
• inspect, at all reasonable times, books, documents and other records that contain information relating to property belonging to the person concerned.

A receiver shall performance of his functions subject to any directions or conditions specified in the recovery order by which he is appointed.  This may include directions or conditions with regard to the receiver paying amounts received by him into court.

A receiver may, after receiving notification above, apply to the court that made the recovery order under which he was appointed, for directions in relation to the performance of his functions.

Sale

A person who is in possession of property belonging to the person in relation to whose property, a receiver has been appointed, shall deliver that property to the receiver upon the receiver making a demand in that behalf.

Where the receiver sells property belonging to the person in relation to whose property he has been appointed and the proceeds of sale exceed the amount of the fine or the amount unpaid, the receiver shall pay the excess to the person concerned. A fine includes the fees of the receiver and expenses reasonably incurred by the receiver in the performance of his functions.

A person who fails to deliver property that he holds above on behalf of a third-party who is liable under a fine or obstructs or interferes with a receiver is guilty of an offence subject on summary conviction to a Class A fine or a term of imprisonment up to six months.

Receivers Fees and Administration

The Minister may set receivers fees which may be deducted or obtained from the proceeds of the sale or the rates at which fees that may be so deducted shall be calculated. The consent of the Minister for Finance is required.

The receiver shall make and maintain a record of fees deducted, and expenses incurred and deducted by him from sums recovered.   The receiver shall not later than six months after performance of his functions under a recovery order, give to the Courts Service the record required to be made above. Monies paid into court by receiver are to be disposed of in the manner that the Minister for Finance may direct.

If the receiver makes or causes to be made, an entry in a record that is false or misleading and which he knows to be so, he is guilty of an offence.  He is subject on summary conviction to a Class A fine or 12 months imprisonment or on indictment €50,000 or 5 years or both.

Comunity Service order in Lieu

There is provision for a Community Service Orders in default of payment of a fine, where a person over 16 has committed an offence in respect of which the court has imposed a fine and he fails to pay it by the due date.  The due date is the date specified for payment or where a direction is given as above, the date on which the fine (and other sum, if any)  is required to be paid in accordance with the deduction.

Where the court is satisfied that a receiver has been unable to recover the fine  by the sale of property, it may make a Community Service Order.   The Community Service Order shall require the offender to perform, unpaid work for such number of hours as are specified.

In the case of an offender who is convicted on indictment, not less than 40 hours and more than 400 hours and in the case an offender who was convicted summarily, not less than 30 hours, not greater than 100 hours.

The hours of work specified in a Community Service Order are additional to any hours of work specified in any other Community Service Order made in respect of the offender. In determining the number of hours of work to specify in a Community Service Order, the court shall take account of any sums or sums paid by the offender or monies recovered by the receiver.

Where a court is satisfied that the receiver has been unable to recover a fine imposed, it may make an order committing the person to prison for a term not exceeding the appropriate period for imprisonment specified in the table in the Act.

Where a court has made a Community Service Order, consequent on summary conviction for the offence it shall, if satisfied that the person to whom it made the order fails to comply, make an order committing the person for the period specified in the table.

Imprisonment if Ultimate Failure to Pay

For the purpose of determining the period of imprisonment specified in the table, the amount of the fine shall be the fine less any sums paid or recovered by a receiver. The periods are as follows:

• less than €500 five days;
•  €500 to €1500, 10 days;
• €1500 to €3000 20 days;
• more than €3000, 30 days.

Where a person is satisfied that a receiver has been unable to recover a fine imposed or recover monies from proceeds of sale, and a Community Service Order has not been complied with, it may make an order committing the person to prison for a term not exceeding 12 months.

Where a court has made a Community Service Order, consequent on conviction on indictment, it shall if satisfied that the person in respect of whom it made an order fails to comply with the requirement, make an order committing the person to  imprisonment for a term not exceeding 12 months.

The court shall for the purpose of determining the term to which a person should be committed to prison, take account of any sum or sums paid by the person in satisfaction or recovered by a receiver.