7,000 jailed over fines despite new laws

ALMOST 7,000 people were jailed last year for non-payment of court fines — despite legislation to provide alternatives to imprisonment being signed into law eight months ago.

It is understood the Fines Bill 2010, welcomed by all agencies as urgent and necessary, has still not been fully implemented.

A likely reason is that no provision has been made to facilitate the payment of fines by instalment.

The figure of 6,681 people imprisoned for non-payment of court ordered fines in 2010 suggests that as many as half of the total number of people who enter prison under sentence are there for defaulting.

The Irish Penal Reform Trust (IPRT) expressed its concern over claims that “soaring numbers” continue to be jailed for failure to pay fines.

IPRT executive director Liam Herrick said the figures indicate the principle of imprisonment as a last resort in the case of fine defaulters, included in the legislation, has not yet become reality. He claimed the failure to follow up on the enactment of the legislation, at administrative level, was costing significant amounts on a continuing basis.

“As well as avoidable costs to prisons, courts and gardaí, more importantly individuals are being committed to our overcrowded and unsafe prisons in cases where judges have already determined that prisons sentences are not appropriate,” he said.

“Although most fine defaulters are released after only a short time in prison, this redundant exercise is extremely costly and wasteful in terms of courts, gardaí and prison resources.

“Moreover, the futility of this practice is proven by the fact that 85% of those sentenced to imprisonment for fine default return to prison within four years, putting further future burden on a prison system already in crisis,” he added.

The IPRT called on all parties to commit to passing the Criminal Justice Amendment Bill 2011. The proposed legislation will require judges to consider community service for offences which would normally receive a custodial sentence of six months or less.

It also called for the full commencement of the Fines Act 2010 at the earliest opportunity bring to an end the ineffective, costly and damaging practice of imprisoning people for non-payment of fines.