Considering Fines Only Re-sentencing

This topic covers the processes and procedures to follow if Collections is considering re-sentencing an offender with unpaid fines.

Requirements of CPS

CPPS is legally required to provide pre-sentence reports for ‘fines only’ re-sentencing, when community detention or home detention are being considered as re-sentencing options.

When Collections considers community work as a re-sentencing option, CPS will advise:

whether the offender is serving a current community work sentence
the number of hours available for further re-sentencing
based on the offender’s previous compliance, whether a new/extended period of community work is the appropriate re-sentencing option
concurrent and cumulative options for further community work.

Process flowchart

The following flowchart shows the processes for CPS to follow when making enquiries with Collections for ‘fines only’ re-sentencing.

Fines-Only-Resentencing-Process

Determine options for fines default

Follow the steps below to respond to Collections enquiries about re-sentencing options for fines defaulters.

Step	Action
1	CPS staff member receives call from Collections regarding the intention to seek a re-sentencing option for unpaid fines.
2	CPS staff member confirms whether the offender has an existing sentence/order.
3	Collections staff member and CPS staff member discuss the re-sentencing options available to Collections, given the offender's current sentence and taking account of legislation guidelines and hierarchy of sentences.

Considering CW as a re-sentencing option

Follow the steps below to complete the process when the agreed fines re-sentencing option is community work.

Step	Action
1	Advise Collections staff of the number of community work hours that will be available at the time of the pending fines default hearing.
2	Discuss whether or not BWLS should be considered.
3	Update IOMS casenotes with the discussion and pending action by Collections.

Considering CD, HD or imprisonment as a re-sentencing option

If the re-sentencing options being considered are community detention, home detention or imprisonment, then legislation requires that a PSR is completed.

Following these steps when the agreed fines re-sentencing option is community detention, home detention or imprisonment.

Step	Action
1	Advise the Collections manager to make a formal request (section 88) for a PSR to support Collections application.
2	Update IOMS casenotes with the discussion and pending action by collections.
3	Await a Judge’s formal request for a PSR for fines re-sentencing.
4	On receipt of the formal request, allocate the report to a probation officer to complete.

Post hearing

Use these instructions to complete the post hearing tasks for any of the above options.

Step	Action
1	Receive a hard copy of the order from the court.
2	Check IOMS for the new sentence order details.
3	Arrange for the hard copy of the order to be stored on offender file.

Completing a 'fines only' full PSR

When completing a full pre-sentence report for a ‘fines only’ re-sentencing hearing, the probation officer should not complete the ‘offending and needs assessment’ part of the interview, as this section relates to rehabilitative needs concerning criminal offending.

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