Fines Re-sentencing Legislation

This topic covers the legislation that sets out the sentencing options available for re-sentencing of fines related matters. 

Legislating re-sentencing options

Amendments to the Sentencing Act 2002 (Sentencing Amendment Act (2007) and consequential amendments to the Summary Proceedings Act 1957, added two new options for fines re-sentencing.

Now, as well as being sentenced to community work and imprisonment, fines defaulters may, in certain circumstances, be sentenced to community detention and home detention. 

Note: Legislation only allows home detention and imprisonment to be considered as re-sentencing options if the offender:

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

Hierarchy of sentencing

Whether fines re-sentencing is taking place for a fines default or in consideration with a criminal sentence, it must still conform to the legislative ‘hierarchy of sentencing’.