Background

This topic describes the procedures for CPPS/Collections enquiries when considering sentencing options for fines re-sentencing.

Terms used

Fines re-sentencing may also be referred to as alternative sentencing or non-payment of fines.

Definition of fines

Fines may consist of:

• fines imposed as a sentence or part of a sentence
• enforcement/costs
• reparation.

Generally only the non-payment of fines and enforcement/costs are considered for re-sentencing. 

While it is possible to remit reparation, Collections and CPPS generally do not consider it appropriate to include reparation in matters of re-sentencing.

Fines re-sentencing

Legislation allows for fines to be remitted in return for serving an alternative sentence.  The process for remitting fines requires that an offender be re-sentenced in court.

Collections may ask the court to remit fines and impose an alternate sentence.

This may occur where the offender is either:

• in default for non-payment and doesn't have the means to pay or
• is facing sentencing on criminal charges and has outstanding fines.

Legislative Reference:  Section 88 (1b) Summary Proceedings Act 1957.

Re-sentencing for non-payment

In cases of default for non-payment of fines, Collections can request that an offender be re-sentenced to one or more of four options:

• community work
• community detention
• home detention
• imprisonment

Note:  The sentence imposed depends on the offender’s circumstances, whether certain Collections criteria are met, and whether the offender refuses to pay.

HD and imprisonment options

Home detention and imprisonment are only considered as re-sentencing options if the offender:

•  has the means to pay the fine, but refuses
• is already serving either of these sentences. 

Fines only re-sentencing process

The key steps in the fines only re-sentencing are set out below.

This process is covered in more detail later in this chapter.

Re-sentencing with criminal charges

When an offender is to be sentenced on criminal charges and has existing fines, the court may choose to remit existing or unpaid fines at the same sentencing hearing. 

This generally occurs when the offender is already in default, or when the proposed sentence for the criminal matter is lengthy and is likely to impede the offender’s ability to repay fines in the near future.

Criminal charges re-sentencing process

The key steps in the criminal charges fines re-sentencing are set out below.

This process is covered in more detail later in this chapter.

Related links

Section 88 (1b) Summary Proceedings Act 1957