Introduction
This topic outlines the factors to consider prior to recommending a monetary penalty as a sentencing option.
The monetary penalties are:
- fines, and
- reparation orders.
Ability to pay
When developing a recommendation for any monetary penalty, consider the following:
- the offender's financial means, and their realistic ability to pay the amount likely to be set, the financial assessment should be used with considering the offenders financial means
- the appropriate frequency of any payment (lump sum, weekly, fortnightly, monthly, etc.), and
- any additional mechanisms that could be used to maximize the likelihood of payment being made (e.g. attachment of earnings).
Liaise with Collections
Contact should be made with Collections if the fines summary indicates that the offender is in default of their payment for any existing fines and/or reparation.
Collections can examine the status of the offender's fines and/or reparation and produce a report if considered necessary.
Fines
When developing a recommendation for a fine, consider the following:
- It is now possible for the court to impose a joint sentence of a fine and community work (CW). This may be a suitable option where a fine is considered appropriate, but it is clear that the offender's financial circumstances are such that they are unable to repay the full fine.
- There are some offences for which a fine is the most severe penalty that can be imposed.
Reparation orders
When developing a recommendation for reparation, consider the following:
- Reparation should be considered in all cases where there is a victim. Note: Reparation can be imposed in addition to any other sentence or combination of sentences.
- Ensure the offender's financial means are canvassed, and determine whether all or part of the reparation can be made.
- Reparation can be imposed with any other sentence.
- In the event that reparation is considered, a separate reparation report should have been prepared (by another probation officer) and the results of that report should be reflected in the pre-sentence report.
Reference: Volume 1, Part II, Chapter 10, Reparation Reports. (Please refer to the related links section on this page).
