Court poor box raises €7.5m amid concerns system lets offenders avoid paying victims

Retailers have raised concerns that offenders may be avoiding convictions by donating to charity without compensating victims

Minister Emer Higgins with CSNA chief executive Vincent Jennings launching the initiative 'Stop Crime Against Retailers'. File picture: Sasko Lazarov

Over €7.5m was generated in court poor box collections in the last five years, with Cork generating the third highest collection in the country from people in lieu of criminal convictions.

But concerns have been raised by the Convenience Stores and Newsagents Association (CSNA) that some people who steal from shops are avoiding conviction by donating to the court poor box without ever repaying the shop owner for the stolen goods.

“Our attention has been drawn to what we would consider to be an unfair application of benevolence or largesse by district court judges where there are victims who have incurred financial losses as a direct and indirect effect of the unlawful actions of the accused,” said CSNA chief executive Vincent Jennings.

He has called for the court poor box to only be available in lieu of conviction if there is no outstanding money owed to the victim of the crime.

District courts sometimes use the non-statutory court poor box system to impose a financial penalty on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction.

Some €1.54m was generated last year through poor box collections, bringing the five-year total to €7.6m. Dublin’s Courts of Criminal Justice accounted for the largest share, raising €1.06m between 2021 and 2025, followed by Portlaoise (€613,300), Cork (€596,595), Mullingar–Athlone (€502,861), Blanchardstown (€417,176), and Waterford (€397,970).

A huge variation in the types of charities where that funding goes can exist between court districts.

Shop owners facing losses

Mr Jennings said that shop owners often incur losses from damage, theft, fraud, or burglaries.

“They can be from shoplifting, fuel drive-offs, passing fake banknotes or card payments,” he said.

“In each instance the perpetrator has inflicted a real loss to the owner of the business and should not, in any circumstances, be allowed to 'wipe the slate clean' by way of a donation to the poor box or to a charity of a judge’s choosing.

“In recent weeks we have seen a 'first-time offender' avoid conviction for three instances of fuel theft from three different filling stations in the Midlands," Mr Jennings said. "This individual was directed by the judge to pay €300 into her court poor box.

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"The charges clearly stated the value of the fuel stolen was €125 but at no time was there any information sought by, or provided to, the judge as to whether compensation/restitution had been effected. It hadn’t,” he said.

The CSNA wants assurances from the Department of Justice, the Courts Service, An Garda Síochána and the Judges of the district court that it will facilitate a review of the Law Reform Commission's 2005 report and, where necessary, advise changes to ensure victims of crime who have incurred losses are considered as preferential creditors.

"If the court poor box system is to remain in place, it is incumbent on all parties involved in the pursuit of justice in the District Court Service to prevent any payments into the poor box if there are outstanding monies owed to the victim of the crime," Mr Jennings said.

Discretion of judges

The option of paying into the court poor box arises usually in minor offences that would not attract a custodial sentence and charities generally receive the contributions, explained the Department of Justice.

“Judges also have the power, under section 6 of the Criminal Justice Act 1993, to order a person found to have committed an offence, to pay compensation to any party who has suffered injury or loss as a result the offence," the department said in a statement.

“The decision on how to dispose of a case, and what sanction to apply, is solely at the discretion of the judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions.” 

Legislation has been suggested to reform the poor box system but it has not been passed into law.

“The Criminal Justice (Community Sanctions) Bill 2014, which seeks to update the Probation of Offenders Act 1907, will facilitate the effective and efficient use of community sanctions by the courts, and will ensure that the courts have a wide range of appropriate options for dealing with people who have committed minor offences,” the Department of Justice said.

“Part 5 of the general scheme of the bill provides for the abolition of the court poor box and the establishment of the reparation fund and reparation orders as a form of non-custodial sentence.

“This is to provide for a fair, equitable, and transparent system of reparation, applicable only to minor offences and for the usage of that fund to provide services for the victims of crime. 

"A policy review of the scheme of the bill, conducted by the department, is currently under consideration and next steps are being considered in the context of updating the bill.” 

Beneficiaries of poor box

A wide range of organisations benefited from poor box donations last year, including addiction treatment centres, domestic violence services, youth groups, sports clubs, medical charities, and community organisations.

While many charities received between €100 and €1,500, some were major beneficiaries. St Vincent de Paul received the largest amount nationally at €94,020.60, followed by Little Blue Heroes (€76,700) and Pieta House (€46,310).

Other recipients included the Garda Benevolent Trust Fund (€36,535), Merchant’s Quay Ireland (€29,570), the Capuchin Day Centre (€27,890), Esker House Women’s Refuge (€26,400), Coolmine (€25,090) and Cian’s Kennels CLG (€22,200).