Written answers

Tuesday, 7 July 2009

Department of Justice, Equality and Law Reform

Court Procedures

12:00 pm

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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Question 334: To ask the Minister for Justice, Equality and Law Reform if there is a growing trend for persons who are fined in the courts to commit themselves to prison rather than pay fines; and if he will make a statement on the matter. [27231/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The number of persons currently imprisoned for the non-payment of a fine by the due date is 6. This represents a tiny fraction of 0.2% of the overall prison population. The numbers have always been on the low side and there is no discernible upward trend.

On 20th April 2009 I published the Fines Bill 2009. The Bill, which was referred to the Select Committee on Justice, Equality and Women's Rights on 14th May 2009, provides that where a court imposes a fine on a person, that person may apply to the court to pay the fine by instalments. If the court is satisfied that paying the fine in full by the due date would result in undue financial hardship for that person or his or her dependants, it can direct that the fine be paid by instalments over the period of a year. An extension of up to a year may also be given by the court where it is satisfied that the financial circumstances of the person have changed and that the change is not due to the person's culpable neglect.

The Bill also provides the courts with three new options where a fine has not been paid by the due date. These are the appointment of a receiver, where the fine was imposed following conviction on indictment, recovery of the fine as if it was a civil debt and the imposition of a community service order.

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