Fines act 2010

• Act Number: 8
• Enactment Date: 31 May 2010

Number 8 of 2010
FINES ACT 2010
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title and commencement.
2. Definition.
PART 2
Increase of Fines
3. Definitions.
4. Class A fines.
5. Class B fines.
6. Class C fines.
7. Class D fines.
8. Class E fines.
9. Increase in amount of certain fines upon conviction on indictment.
10. Summary trial of indictable offences.
11. Regulations to remove difficulties.
PART 3
Payment and Recovery of Fines
12. Definitions.
13. Service of documents.
14. Capacity of person to pay fine.
15. Payment of fines by instalments.
16. Appointment of receiver in default of payment of fine.
17. Monies recovered by receiver under section 16.
18. Community service order in default of payment of fine.
19. Imprisonment in default of payment of fine.
20. Approval by Government of persons for purposes of section 16.
21. Publication of list of names of persons who fail to pay fines on time.
22. Repeal.
Acts Referred to
Courts (No. 2) Act 1986 1986, No. 26 Criminal Justice Act 1951 1951, No. 2 Criminal Justice Act 1984 1984, No. 22 Criminal Justice Act 2006 2006, No. 26 Criminal Justice Administration Act 1914 4 & 5 Geo. 5, c. 58 Criminal Justice (Community Service) Act 1983 1983, No. 23 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Criminal Procedure Act 1967 1967, No. 12
Number 8 of 2010
FINES ACT 2010
AN ACT TO MAKE PROVISION IN RELATION TO THE MAXIMUM FINES THAT A COURT MAY IMPOSE IN RESPECT OF OFFENCES TRIED SUMMARILY AND CERTAIN OFFENCES TRIED ON INDICTMENT; TO PROVIDE THAT A COURT IN IMPOSING A FINE UPON CONVICTION OF A PERSON OF AN OFFENCE SHALL TAKE ACCOUNT OF A PERSON’S FINANCIAL CIRCUMSTANCES; TO PROVIDE FOR THE PAYMENT OF SUCH FINES BY INSTALMENT IN CERTAIN CIRCUMSTANCES; TO MAKE PROVISION IN RELATION TO THE POWERS OF THE COURT WHERE THERE HAS BEEN A FAILURE ON THE PART OF A CONVICTED PERSON TO PAY A FINE; FOR THOSE PURPOSES TO AMEND THE CRIMINAL JUSTICE (COMMUNITY SERVICE) ACT 1983 AND THE COURTS (NO. 2) ACT 1986; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[31st May, 2010]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title and commencement.	1.— (1) This Act may be cited as the Fines Act 2010.
	(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 reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.
	Definition.	2.— In this Act “Minister” means the Minister for Justice, Equality and Law Reform.
PART 2 Increase of Fines
	Definitions.	3.— In this Part—
	“class A fine” means a fine not exceeding €5,000;
	“class B fine” means a fine not exceeding €4,000;
	“class C fine” means a fine not exceeding €2,500;
	“class D fine” means a fine not exceeding €1,000;
	“class E fine” means a fine not exceeding €500;
	“commencement date” means the date of the coming into operation of this Part;
	“enactment” means—
	(a) an Act of the Oireachtas,
	(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or
	(c) an instrument made under—
	(i) an Act of the Oireachtas, or
	(ii) such a statute.
	Class A fines.	4.— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class A fine, the reference to class A fine shall be construed as a reference to class A fine within the meaning of this Part.
	(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class A fine.
	(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—
	(a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and
	(b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,
	a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class A fine.
	TABLE
Reference Number (1) Period (2) Range of amounts (3) 1. 1 January 1997 to day immediately before commencement date Not greater than €5,000 but greater than €4,000 2. 1 January 1990 to 31 December 1996 Not greater than €5,000 but greater than €2,769 3. 1 January 1980 to 31 December 1989 Not greater than €5,000 but greater than €2,328 4. 1 January 1975 to 31 December 1979 Not greater than €5,000 but greater than €970 5. 1 January 1965 to 31 December 1974 Not greater than €5,000 but greater than €491 6. 1 January 1945 to 31 December 1964 Not greater than €5,000 but greater than €234 7. 1 January 1915 to 31 December 1944 Not greater than €5,000 but greater than €127 8. Period ending on 31 December 1914 Not greater than €5,000 but greater than €100
	Class B fines.	5.— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class B fine, the reference to class B fine shall be construed as a reference to class B fine within the meaning of this Part.
	(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class B fine.
	(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—
	(a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and
	(b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,
	a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class B fine.
	TABLE
Reference Number (1) Period (2) Range of amounts (3) 1. 1 January 1997 to day immediately before commencement date Not greater than €4,000 but greater than €2,500 2. 1 January 1990 to 31 December 1996 Not greater than €2,769 but greater than €1,731 3. 1 January 1980 to 31 December 1989 Not greater than €2,328 but greater than €1,455 4. 1 January 1975 to 31 December 1979 Not greater than €970 but greater than €606 5. 1 January 1965 to 31 December 1974 Not greater than €491 but greater than €307 6. 1 January 1945 to 31 December 1964 Not greater than €234 but greater than €147 7. 1 January 1915 to 31 December 1944 Not greater than €127 but greater than €79 8. Period ending on 31 December 1914 Not greater than €100 but greater than €50
	Class C fines.	6.— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class C fine, the reference to class C fine shall be construed as a reference to class C fine within the meaning of this Part.
	(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class C fine.
	(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—
	(a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of...