Minister may have to consider legislative changes to enforce court fines

Justice Minister Charlie Flanagan will implement any legal changes recommended by experts in a bid to address the crisis facing the enforcement of court fines.

The Irish Examiner revealed this week the vast bulk of people who refuse to pay court fines are getting away scot-free.

Court Service documents show only 10% of those who fail to pay up show up at enforcement hearings and less than 7% receive any sanction.

Court fines are one of a number of sanctions, including community service and imprisonment that judges can use when convicting someone of a criminal offence.

The documentation provided by the Courts Service under a Freedom of Information request shows a backlog of almost 58,000 fines awaiting enforcement.

Of the almost 35,000 enforcement notices that have been issued since 2016, just a little over 2,400 of them resulted in any kind of sanction, such as community service or imprisonment.

A third of the cases were 'struck out' with judges dismissing the matter for various reasons, such as the case had previously been adjourned or no prosecutor was present.

In a further one-third of cases, a bench warrant was issued for the offender and in a further 15% of cases, the enforcement notice was withdrawn. In nearly 10% of cases, the matter was adjourned.

FOI papers show that court officer Margaret O'Neill advised the Department of Justice: “Very few of the outstanding fines are being paid and, because the majority of people are not turning up for the enforcement hearing, no penalty at all is being applied. The whole process is increasingly futile and needs to be reviewed urgently.”

Courts Service plans to cut the backlog from almost 57,000 at the end of 2017 to around 38,000 by the close of 2018 came unstuck last year as efforts to hold special court sittings faltered due to a shortage of judges.

A high-level working group was set up to deal with the problem and proposals that have been aired include: a recorded delivery project for enforcement notices (which are currently sent out by regular post); an offence for non-appearance at an enforcement hearing, a contempt power for a second non-appearance and an increase in fine, and possibly a penal warrant, for fined people who don't engage.

A spokesman for the Department of Justice said the minister had set up the working group. “Any changes deemed necessary, including legislative change, will be pursued by the minister when the High-Level Working Group reports," he said.