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This topic covers the processes and procedures for managing Collections enquiries when an offender has a current criminal charge or charges pending and existing unpaid fines.

Considering fines in criminal matters

When an offender is to appear in court for sentencing on criminal matters it is appropriate to consider any fines defaults as part of the sentencing process.

Note: Always include fines in a recommendation for a lengthy sentence of imprisonment.

Process flowchart

The following flowchart shows how to determine whether to include fines in sentencing recommendations for a criminal matter.

criminal-matters

Procedures

Use the following steps to determine the details of the fines status and then decide whether a remission of fines needs to be included in the criminal charge sentencing recommendations of the pre-sentence report.

Step Action
1 Receive allocated pre-sentence report request from court through the service manger.
2 Check the 'fines summary' and 'fines details' screens in IOMS.
3 Check whether a 'next payment due' date appears on the fines summary and that this is a future date. This indicates whether payments are current or enforcement action is pending.
4
If.. then...
'no fines' or 'no unpaid fines' exist in IOMS complete the full pre-sentence assessment and report with criminal charges sentence recommendations only.
fines exist and information suggests non-payment or enforcement action is being considered by Collections
  • contact Collections
  • discuss the sentencing outcome of current charges, and
  • discuss possible outcomes for fines.
5
If Collections chooses.. then...
not to include the fines do not include fines when making sentencing recommendations in PSR.
to include the fines include in the PSR sentencing recommendations any remission of fines.
6 Notify Collections so they can consider a section 25 or section 88 report.

 


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