Collections Processes

Collections fines reports

Collections uses two reports in the re-sentencing process:

• Fines Summary Report (s25 Sentencing Act 2002)
• Report to Judge (s88 Summary Proceedings Act 1957)

Section 88 Report to Judge

A section 88 report is provided to the court when the re-sentencing follows non-payment of fines. This report is used where the deputy registrar:

• has taken enforcement action under section 87 but the fine remains unpaid or

• is satisfied that the offender does not have the means to pay the fine or

•  is satisfied that: 
  • reasonable steps have been taken to locate the defendant but the defendant is not located and therefore enforcement action is unlikely to be effective
  • for any other reason, enforcement action is unlikely to be effective [see section 88(1)]. 

The deputy registrar may then refer the matter to a district court judge or community magistrate with a report (ie, a section 88 report) on the circumstances of the case [section 88(2)]. 

Section 88 contents

The s88 report usually includes:

•  a financial statement of means
• a schedule of the outstanding fines 
• references to why enforcement action under section 87 (where a warrant for property seizure or an attachment for salary/wages is ordered) has not been, or is unlikely to be effective, and
• reasons why the deputy registrar has concluded that the defendant does not have the means to pay the fine.

S88 re-sentencing options

The options for re-sentencing are set out in section 88(3) of the Summary Proceedings Act.

A district court judge/community magistrate may, after considering the report of the deputy registrar and the financial position of the defendant, consider:

• enforcement action
•  re-sentencing the offender
• other action in relation to the fine. 

Remission can be an outcome or a combination of options sought, such as community work and fines.

S88 requests for pre-sentence report

The deputy registrar may use a section 88 report to officially request a district court judge to call for a pre-sentence report from CPPS.  A pre-sentence report must be requested where community detention or home detention are being sought as the fines re-sentencing option.

Section 25 Fines Summary Report

The section 25 report is provided to the court where the offender is actively paying their fines, but is appearing in court on other charges.

A deputy registrar may provide written fines information to a judge/community magistrate using a:

• ‘fines summary’ printout
• ‘fines overview’ stating the level of outstanding fines, enforcement measures taken, and any relevant information.

Note: The report specifies that the information is provided under s25(1) of the Sentencing Act 2002, for the judge’s information only; and not under section 88 of the Summary Proceedings Act 1957.

Pre-sentence reports

The Summary Proceedings Act 1957 states that if community detention or home detention are being considered for fines defaulters, then a pre-sentence report is required from a probation officer to address the information referred to in s26A of the Sentencing Act 2002

General reference:  Details about completing a pre-sentence report are covered in this manual Volume 1 Pre-sentence Reports.