Ivana Bacik (Independent)

As I am thinking on my feet somewhat, I apologise for not being a little more coherent but to clarify, one must have regard to the standard drafting principle that where an ambiguity arises when one is dealing with a criminal statute, it must be interpreted in favour of the accused. As the Minister noted, the context is that the purpose of the Bill is to deal with those persons who cannot afford to pay what otherwise would be a reasonable fine. I take his point in this regard and acknowledge that they will provide the majority of cases to which section 13 will apply. However, the section also provides that a court may impose a fine greater than the otherwise appropriate fine. There is not sufficient criteria or clarity in the limits to a court's power to impose this greater fine. Presumably it is where a court considers that an offender has sufficient resources or assets to be able to afford to pay a higher fine but there are no criteria as to what are the circumstances in which the court can make that adjudication. It is fair that the court should impose a fine less than the otherwise appropriate fine where it considers that an offender simply does not have the resources or the effect on his or her dependants would be so severe if the otherwise appropriate fine was imposed.

My concern is that where a court breaks out of that and imposes a greater fine because it considers the accused is wealthy, this would impose a harsher sanction than what would be appropriate or reasonable in normal circumstances and yet there is no clear criteria as to the circumstances in which the court can make that adjudication. This is something that might be open to challenge. I accept it is something that would only arise in a very small number of cases and that the majority of cases would be cases where the court would impose a lesser fine. That is appropriate and in a criminal statute that power does not need to be as carefully demarcated. However, the power to impose the greater fine needs a little more clarity or precise demarcation, given the implications it might have.