Fines (Payment and Recovery) Act 2014

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Fines (Payment and Recovery) Act 2014.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with respect to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

2. Interpretation

2. (1) In this Act— “Act of 1983” means the Criminal Justice (Community Service) Act 1983;

“Act of 1986” means the Courts (No. 2) Act 1986;

“administration fee” means the administration fee referred to in section 6(4) required to be paid by a fined person who has opted to pay the fine by instalments under section 6(1)(a)(ii);

“appropriate court official”—

(a) in relation to a fine imposed by the District Court, means the district court clerk for the district court area in which the fine was imposed,

(b) in relation to a fine imposed by the Circuit Court, means the county registrar for the county in which the fine was imposed or, if a combined court office has been established under the Courts and Court Officers Act 2009 in respect of that county, the manager of that combined court office,

(c) in relation to a fine imposed by the High Court, means the principal officer serving in the Central Office attached to the High Court who manages such Central Office, and

(d) in relation to a fine imposed by the Central Criminal Court, means the registrar of the Central Criminal Court;

“attachment order” means an order under section 14(1), including such an order as varied under section 14(4)(a);

“community service order” shall be construed in accordance with section 3(1A) (inserted by section 19(1)(c)(i)) of the Act of 1983;

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract);

“due date for payment”, in relation to a fine, means—

(a) if the fined person has opted to pay the full fine under section 6(1)(a)(i), the date by which the fine is required to be paid in accordance with the order of the court that imposed the fine, and

(b) if the fined person has opted to pay the fine by instalments under section 6(1)(a)(ii), in respect of each such instalment, the date by which the instalment is required to be paid;

“employer”, in relation to a fined person, means a person who employs the fined person under a contract of employment, and includes a trustee of a pension scheme under which the fined person receives periodical pension benefits;

“enactment” has the meaning assigned to it by section 3 of the Fines Act 2010;

“financial circumstances”, in relation to a person who has been convicted of an offence, means—

(a) the amount of the person’s annual income,

(b) the aggregate value of all property (real and personal) belonging to the person,

(c) the aggregate amount of all liabilities of the person including any duty (moral or legal) to provide financially for members of his or her family or other persons,

(d) the aggregate of all monies owing to the person, the dates upon which they fall due to be paid and the likelihood of their being paid, and

(e) such other circumstances as the court considers appropriate;

“fine” means a fine imposed by a court on a person consequent upon his or her being convicted of an offence by that court, and includes any costs, compensation or expenses, in addition to the fine, that the court orders the person to pay;

“fined person” means a person on whom a court has imposed a fine and, in relation to a recovery order or attachment order, means such person the subject of the order;

“Minister” means the Minister for Justice and Equality;

“personal public service number” has the meaning assigned to it by section 262 of the Social Welfare Consolidation Act 2005;

“prescribed” means prescribed by regulations made by the Minister;

“receiver” means an approved person or sheriff appointed under section 8(1)(a) and, in relation to a fined person, means the person who has been so appointed in respect of the fined person;

“recovery order” means an order under section 8(1)(a) and, in relation to a receiver, means such order under which the receiver is appointed.

(2) Subject to subsection (3), where a fined person has opted to pay the fine by instalments under section 6(1)(a)(ii), references in this Act to the payment of the fine include references to the payment of the related administration fee, and the other provisions of this Act shall, with all necessary modifications, be construed accordingly, except that all monies applied towards any such payment shall, for the purposes of this Act, be treated as being applied towards the payment of the fine and, after the fine has been paid in full, only then towards the payment of the administration fee.

(3)Subsection (2) does not apply in any case where a court is, under a provision of this Act, considering, in respect of a fined person where all or part of the fine has not been paid, making a community service order in respect of the person or committing the person to prison in accordance with section 2 or 2A of the Act of 1986.

(4) For the purposes of this Act—

(a) the person by whom an employee of a public body, within the meaning of the Ethics in Public Office Act 1995, is paid in accordance with the employee’s contract of employment with that public body is deemed to be the employee’s employer, and

(b) a person who is otherwise a member of staff of a public body, within the meaning of the Ethics in Public Office Act 1995, is deemed to be employed under a contract of employment, and the person by whom he or she is paid in accordance with the terms and conditions of his or her service is deemed to be his or her employer.

3. Orders and regulations

3.(1) The Minister may by regulations—

(a) provide for any matter referred to in this Act as prescribed or to be prescribed,

(b) prescribe the forms to be used to exercise an option to pay a fine by instalments under section 6(1)(a)(ii).

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1(2)) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4. Repeals

4. The following enactments are repealed:

(a) section 43(2) of the Criminal Justice Administration Act 1914;

(b) section 195 of the Criminal Justice Act 2006; and

(c) Part 3 of the Fines Act 2010.

PART 2 Capacity to Pay Fine, Payment of Fine by Instalments and Failure to Pay Fine

5. Capacity of person to pay fine

5.(1) The purpose of this section is to ensure, in so far as is practicable, that, where a court imposes a fine on a person, the effect of the fine on that person or his or her dependants is not significantly abated or made more severe by reason of his or her financial circumstances.

(2) Where a person of full age is convicted of an offence, the court shall, in determining the amount of the fine (if any) to impose in respect of the offence, take into account the person’s financial circumstances.

(3) (a) For the purpose of this section, a court may, in making a determination under subsection (2), impose a fine on a person that is greater than, less than or equal to the fine that the court would be minded to impose on the person in respect of the offence concerned if it were not required to take into account the person’s financial circumstances.

(b) A court shall not, in any case, impose a fine that is—

(i) greater than the maximum fine (if any), or

(ii) less than the minimum fine (if any),

to which a person would be liable upon conviction of the offence concerned.

(4) Where—

(a) a court has convicted a person of an offence in his or her absence, or

(b) a person who has been convicted of an offence fails or refuses to provide the court with information as to his or her financial circumstances, the court shall impose such fine as it considers appropriate in respect of the offence taking into account such information (if any) as is known to the court concerning those circumstances.

(5) For the purposes of subsection (2), the court may, by notice in writing served on a person who has been convicted of an offence, require the person to attend before the court and provide the court with such information as the court may require in relation to his or her financial circumstances.

(6) A person who knowingly or recklessly makes a statement (orally or in writing) in relation to his or her, or another person’s, financial circumstances that is false or misleading in any material respect to a court discharging its function under subsection (2) shall be guilty of an offence and shall be liable, on summary conviction, to a class B fine or imprisonment for a term not exceeding 6 months, or both.

(7) A person who fails or refuses to comply with a notice under subsection (5) served on him or her shall be guilty of an offence and shall be liable, on summary conviction, to a class B fine or imprisonment for a term not exceeding 6 months, or both.

(8) This section does not apply in relation to the imposition of a fine where the court has no discretion in the determination of the amount of the fine.

6. Option of fined person to pay fine by single payment or instalments

6.(1) Subject to subsection (5), a fined person may, at his or her option, effect the payment of the fine by—

(a) (i) a single payment made on or before the relevant date for payment, or

(ii) the payment of instalments—

(I) calculated in such manner as may be prescribed, and

(II) at such frequency as may be prescribed,

(b) such means as may be prescribed for making such payment, and

(c) making such payment to such person as may be prescribed.

(2) Where a fined person exercises his or her option to pay the fine by instalments under subsection (1)(a)(ii), the person shall pay the first instalment of the fine on or before the relevant date for payment and the final instalment of the fine not later than 12 months after the relevant date for payment.

(3) A court shall, when imposing a fine on a person, inform the fined person of the 2 options available to the person under subsection (1)(a).

(4) Where a fined person exercises his or her option to pay the fine by instalments under subsection (1)(a)(ii), he or she is also required to pay such administration fee, not exceeding 10 per cent of the value of the fine, as may be prescribed.

(5) (a) The option to pay a fine by instalments under subsection (1)(a)(ii) shall only apply in respect of—

(i) a fine that exceeds such amount greater than €100 as may be prescribed, or

(ii) if no such amount stands prescribed, a fine that exceeds €100.

(b) Where 2 or more fines are imposed on a person at a court sitting and the option to pay any one or more of those fines by instalments is not available because of the operation of paragraph (a), the court may, in its order specifying the date by which such a fine is required to be paid in respect of which such option is not available, specify, if it thinks it appropriate in all the circumstances, a date that is later than the date it would have specified if that option had been available in respect of that fine but not taken by the fined person.

(6) In this section “relevant date for payment”, in relation to a fine, means—

(a) if the fined person has opted to pay the full fine under subsection (1)(a)(i), the date by which the fine is required to be paid in accordance with the order of the court that imposed the fine, and

(b) if the fined person has opted to pay the fine by instalments under subsection (1)(a)(ii), 42 days from the date on which the fine was imposed.

7. Failure to pay fine by due date

7.(1) Subject to subsections (3) and (5), where a fined person fails to pay the fine by the due date for payment, the court shall, at the sitting of the court on the date specified in the notice concerned under subsection (4) served on the person (unless the person has paid the fine on or before that date)—

(a) subject to subsection (2), make a recovery order,

(b) make an attachment order, or

(c) make a community service order if section 4 of the Act of 1983 has been complied with.

(2) The court shall not make a recovery order in respect of the fined person (not being a body corporate) unless the fine or, as may be appropriate, that part of the fine that remains unpaid—

(a) exceeds such amount greater than €500 as may be prescribed, or

(b) if no such amount stands prescribed, exceeds €500.

(3) Where a fined person who has exercised his or her option under section 6(1)(a)(ii) to pay the fine by instalments fails to pay any such instalment (in this subsection referred to as the “relevant instalment”) by the due date for payment, it is not necessary for the court to take action under this section in respect of the failure unless—

(a) there are 2 other failures by the fined person to pay that fine by instalments by the due date for payment, or

(b) the relevant instalment has still not been paid when all other instalments have been paid.

(4) The appropriate court official concerned shall, by notice in writing served on the fined person, require the person to appear before the court on the date and at the time specified in the notice, and to provide to the court a statement in writing of his or her financial circumstances.

(5) (a) The court shall, after considering a statement provided to it pursuant to subsection (4) in deciding what order to make under subsection (1)—

(i) first, give consideration to making an attachment order in respect of the fined person, and

(ii) second, if it is satisfied that it would not be appropriate for it to make an attachment order in respect of the fined person, give consideration to making, subject to subsection (2), a recovery order or community service order in respect of the fined person.

(b) Where the court is satisfied that it would not be appropriate for it to make an attachment order, recovery order or community service order in respect of the fined person, it may commit the person to prison in accordance with section 2 or 2A of the Act of 1986.

(6) A notice under subsection (4) shall—

(a) inform the fined person of the orders that the court may make under subsection (1) in respect of the person and of the court’s power under subsection (5) to commit the person to prison, and

(b) state that a warrant may be issued for the arrest of the fined person if he or she fails to appear before the court as required by the notice.

(7) Where a fined person fails, without reasonable excuse, to appear before the court as required by a notice under subsection (4), the court shall, if satisfied that the notice was served on the person—

(a) issue a warrant for the arrest of the person, or

(b) if the court thinks it appropriate in all the circumstances, cause a further notice under subsection (4) to be served on the person specifying a new date for the person to appear before the court, and to provide it with the statement referred to in that subsection.

(8) A fined person arrested under subsection (7)(a) shall be brought before the next sitting of the court.

(9) A fined person who knowingly or recklessly makes a statement, in purported compliance with a notice under subsection (4), that is false or misleading in any material respect shall be guilty of an offence and shall be liable, on summary conviction, to a class B fine or imprisonment for a term not exceeding 6 months, or both.

(10) Rules of court shall prescribe the form of a statement referred to in subsection (4).

PART 3 Recovery Orders

8. Appointment of receiver in default of payment of fine

8. (1) (a) Subject to section 7(2), where a fined person fails to pay the fine by the due date for payment, the court may, at the sitting of the court on the date specified in the notice concerned under section 7(4) served on the person, make an order appointing an approved person or sheriff to carry out the functions set out in paragraph (b).

(b) The receiver shall—

(i) recover from the fined person—

(I) the fine or, as may be appropriate, that part of the fine that, upon the notice under subsection (2) being given to the receiver, remains unpaid, and

(II) the fees and expenses of the receiver,

or

(ii) seize and sell property belonging to the fined person and recover from the proceeds of the sale of that property a sum equal to the amount of—

(I) the fine or, as may be appropriate, that part of the fine that, upon the notice under subsection (2) being given to the receiver, remains unpaid, and

(II) the fees and expenses of the receiver.

(2) (a) The Courts Service shall give notice to the receiver of the making of the recovery order by giving a copy of the order to the receiver.

(b) The recovery order shall take effect from the day immediately following the day on which the notice under paragraph (a) is given.

(3) The recovery order shall authorise the receiver (alone or accompanied by such and so many members of the Garda Síochána as he or she considers necessary) to—

(a) enter (if necessary by the use of reasonable force) any premises, including a dwelling, at which he or she has reasonable grounds for believing property belonging to the fined person is located,

(b) demand, and take possession of (if necessary, by the use of reasonable force) any property that belongs to the fined person,

(c) issue receipts in respect of any property of which the receiver has taken possession,

(d) manage, dispose of, retain or otherwise deal with the property,

(e) insure the property, and