Assets may be seized if fines unpaid

Taupo Times, Volume 23, Issue 56, 16 July 1974, Page 6

Assets may be seized if fines unpaid

Offerjciers who faii to pay fines imposed by magistrates could have their bikes, cars or other assets seized and datained. This is one facet of firm new provisions introduced by the Minister of Justice, Dr Finlay, aimed. at making sure that fines imposed by the courts get paid,' yet that offenders • .... -

stay out of gaol. To implement this policy the Summary Proceedings Act was recently amended and the new provisions came into force on June 1. At the moment about 70 per cent of the fines imposed by courts are paid without enforcement measures being necessary. But last year magistrates and registrars had to issue no fewer than 72,500 warrants for defaulters,

and in over 3500 cases imprisonment resulted. The value of unpaid fines for these cases was close to $220,000. Add to this the cost of imprisoning a defaulter, and the fact that imprisonment removes the need to pay the fine, and there is a strong economic case for devising more effective methods of getting people to pay their fines. Dr Finlay is adamant

that a fine as a penalty is preferable to imprisonment as an effective and humane method of enforcing the law — quite apart from considerations of economy. "Imprisonment or some other form of detention must be regarded as a last tesort by the courts," said Dr Finlay. From a purely monetary point of view it is obviously better to have money coming in, in the form of fines, than to have it going out in the cost of imprisoning or detaining an offender. "But that is not the main issue. Fines keep the offender in a 'reaf situation, in the community, while imprisonment — and to a lesser degree periodic detention — takes the offender out of the community and puts him into an artificial environment. "Imprisonment has little more than deterrent or puriitive value, while fines are more effective in educating the offender towards a better understanding of the demands of society, '* said Dr Finlay. One of the most striking of these provisions is that

orfenders who have not paid their fines can have their vehicles seized. They will get their vehicles back when the fines and costs are all paid. And there are other redresses open to the courts. When the time in which to pay the fine is up the courts can make an order for the deduction of the fines from an offender' s wages or salary. They can issue a distress warrant to seize an offender's goods, or disqualify an offender from driving, or direct that he take out a prohibition order under the Sale of Liquor Act. Another innovative sanction gives a magistrate power to direct an offender who has not paid a fine to undertake community work. Conversely, a person could be given more time in which to pay a fine, or even get it reviewed by the magistrate. After he has been, ,convicted of an offence and a fine has been imposed, an offender is first given a reasonable time in which to payFourteen days used to be

considered reasonable, but the new provisions extend this time to 28 days. If a fine is not paid in that time the registrar of the court will prder an offender to come before him and explain why — and that costs an extra $10. The registrar may also summon anyone who has a special knowledge of an offender's circumstances to appear. If an offender does not show up before the registrar when summoned a warrant to arrest him will be issued to the police. When the registrar has gathered all the relevant details of an offender's circumstances, the court is then in the position of being able to il'ook at the case on its merits. The magistrate can then decide on the best course to take. If an offender has no real reason for not having paid the fine, he can expect to face one of the tougher courses now available — like seizing his car or motor-bike until he does pay. But if an offender's circumstances and attitude .7 " , .

jjustify it the magistrate can 'simply extend the time in which he has to pay, or even review the fine. The new provisions make it cledr that any plea that a fine cannot be paid because of hire-purchase commitments on a car or other, non-necessity will not be entertained. The greatest significance of the new provisions lies in the fact that the courts will take into account an offender's circumstances, instead of just throwing him into .gaol as a matter of course when a fine is not paid. The new provisions imply that imprisonment is a last resort to be used only when other sanctions fail. It is nothing new for a court to take a person' s means into account when dealing with him following a conviction. The Criminal Justice Act requires the courts to take such things into account as far as they' can. But to carry out a thorough means test in every case before sentencing would be a hopeless task and the courts have reliable information as to means in only a small

percentage of the cases they deal with. But the 30 per cent or so • of offenders who do not pay their fines in the allotted time will now all be examined by registrars as to their means before any further steps are taken. This does away with the old system by which a magistrate or registrar issued a warrant to collect to the police in the case of unpaid fines. The police would inter- . view the offender — if they could find him — then give a brief report on the matter to the court. If the fine was still not paid the magistrate could issue a summons for the offender to appear before him again and, in a few cases, would consider a i sentence of periodic detention. But in most cases a committal warrant would be issued and the offender would become an expensive and unwanted charge on the State. The new legislation provides that bailiffs who are attached to magistrates' courts may serve the processes issued to enforce payment of a fine. The police will, though, still have a responsibility and it is over to the registrar of the court to decide whether, in particular cases, the documents should go to the police. Dr Finlay said that a further radical change in procedure was in the Summary Proceedings Amendment Act. This is to deal with minor offences. This new procedure is to be introduced on January 1,1975.