NON-PAYMENT OF FINES

Press, Volume LXXV, Issue 22796, 23 August 1939, Page 10

NON-PAYMENT OF FINES

EXISTING LAW AMENDED; . y. \t\ £ ~ ■ AUTOMATIC IMPRISONMENT ABOLISHED. hj ‘ i PROVISIONS OF SUMMARY;] PENALTIES BILL (From Our Parliamentary Reporter.! WELLINGTON. August 22. The arbitrary imprisonment of persons in default of payment of fines, except in special prescribed circumstances, is prevented by the Summary Penalties Bill, which was introduced by Governor-General’s Message in the House of Representatives to-day. The bill, which also legalises the common practice of a stipendiary magistrate of extending time for the payment of fines, was read a second time pro forma, and referred ~to the Statutes Revision ■ Committee. It is to come into force on January T, 1940. The bill is described as “an act to amend the Justices of the Peace Act, 1927, in relation to the penalties imposed on summary conviction, or by orders of justices.” In imposing a fine justices are required to consider, among other things, the means of the offender. Restrictions are imposed on the imprisonment of persons under 21 years of age, as no such person is to be imprisoned for non-payment of a fine, unless justices or magistrates are satisfied that no other method of dealing with the offender is appropriate. In imposing a fine, justices may allow time for payment, or permit payment by instalments. When provision is made for payment by instalments, justices may order that the offender be placed under the supervision of a probation officer or any other person they may appoint until the sum is paid. This course is made mandatory in the case of offenders under 21 years of age, unless justices are satisfied that it is undesirable or impracticable to place the person concerned under supervision. An exception to the general rule for avoiding imprisonment is made in the case of drunkenness. Issue of Distress Warrants

If a, fine is not paid within the stipulated time, any justice may issue a distress warrant for the amount of the fine, or so much of it as is not paid. Justices^may issue a’distress warrant immediately, or may- order imprisonment, if satisfied that the defendant is of sufficient means to pay the fine forthwith, has 'nd fixed place of abode, or that the gravity of the offence, the character of the offender, or other special circumstances justify a demand for immediate payment. Imprisonment may be ordered by a magistrate where an offender is found, after reasonable inquiry; U Have insufficient means to satisfy ■ the distress warrant. The magistrate is algo empowered to reduce the. amount under the distress warrant, or to direct that imprisonment be postponed or waived. 1 The bill seta out;the scale of imprisonment, in default of payment of fines ranging from 'two days’ imprisonment for an amount of £lv-to three months, imprisonment for a sum of. £2O. By part payment of fines, prisoners may obtain remission , of part of the sentence.- . • .. “The biJl' ,provides- that where the Court' intends - a fine as the punishment, there will- not' be imprisonment as an automatic result of non-payment of the fine,” said the Attorney-Gen-, eral (the Hon. H. G; H. Mason) when the bill was introduced. "A person who is fined 1 for an offence will have to come before the court again before he may be sent tp prison for default, except in cases: of drunkenness.” . - The purpose of the hill was entirely humanitarian, Mr .Mason said, and followed the precedent established in England. * -It what-was very frequently done by magistrates. The Rt. Hon, J. G. Coates (Opposition, Kaipafa)> suggested that an offender might be content'just to owe the fine, and let it go at that. The bill might,.in fact, encourage a ‘Kathleen Mavoureen” system, . “I 'think - the . bill Will be found to provide all necessary machinery.” the Minister said. “If it is ineffective m any way, I shall be pleased to- have the help of members of the House in remedying its faults. To-day there is a general sentiment against sending people to prison if it can be avoided. I am sure the bill will operate in a humanitarian direction."