Further supplementary written evidence
from the Northern Ireland Prison Service
REVIEW OF
THE FINE
DEFAULT SYSTEM
IN NORTHERN
IRELAND—IMPACT
ON THE
PRISON SERVICE
In Northern Ireland, the current system for
managing fine defaulters is through issuing "warrants of
commitment for the sum adjudicated to be paid by conviction".
The Police Service for Northern Ireland is required by Courts
to either collect the monies outstanding or to lodge the defendant
in prison or a Young Offender's Centre. Prison, therefore, is
now the only sanction available for addressing fine default.
While the fine is considered a highly successful
disposal option a small but not insignificant number of people
are still committed to prison. The increasing number of fine defaulters
in prison is of growing concern to the Prison Service in regard
to mounting accommodation pressure and finite staffing resources.
For those held in prison for fine default there
is no prospect of extending resettlement and regime resources
to take account of particular sociological and physiological needs
such as homelessness, addictions, literacy and numeracy deficits—not
least attempting to address specific offending issues.
In December 2006 David Hanson, Criminal Justice
Minister unveiled tougher sentencing proposals for greater public
protection for dealing with dangerous sexual and violent offenders.
He also made it clear that for many low risk prisoners imprisonment
is not necessarily the most effective punishment and that other
alternatives to custody would be found as well as new measures
to support the collection of outstanding fines.
The Minister has also announced that 50% automatic
remission will end and, in the case of fine defaulters new, community
Supervised Activity Orders will be introduced, subject to resources.
The pace of implementation of these new measures will be dependent
on the outcome of the 2007 spending review; however, in terms
of resources, public protection sentences will be given highest
priority.
CURRENT POSITION
IN NIPS
Over the past five years the number of prison
receptions for fine default has continued to rise from 1,240 receptions
in 2002 to 1,957 receptions in 2006. In 2006, fine default committals
equalled 30% of all committals into the Northern Ireland prison
system.
RECENT COMMITTAL
TRENDS
| 2002 | 2003
| 2004 | 2005 |
2006 |
| Fine Default Receptions | 1,240
| 1,453 | 1,647 | 1,814
| 1,957 |
| Total Receptions | 4,865 |
5,309 | 5,455 | 5,912
| 6,405 |
| Fine Default Receptions as a % of Total Receptions
| 26% | 27% | 30%
| 31% | 30.6% |
| % Increase Per Annum in Fine Default Receptions
| Baseline | 15% | 13%
| 10% | 9% |
| | |
| | |
During 2006, 94% of fine defaulters received sentences of
between 6-14 days (less 50% remission) with 6 days being the average
time spent in custody.
On average, during 2006 fine defaulters "bed blocked"
25-30 cells on a daily basis and required disproportionate time
and resources in respect of receptions and discharges, prisoner
supervision and administration eg medical checks, Governors interviews
etc. This only serves to divert these finite resources away from
the more chronic needs of other, longer term prisoners.
A snapshot of fine default receptions and sentence types
(below) shows that during September 2006 there were 155 committals,
mostly for motoring related offences. Notably, 29% of those committed
had previous convictions for default.
SNAP SHOT
OF COMMITTALS
DURING SEPTEMBER
2006
FINE DEFAULTERS RECEIVED IN SEPTEMBER 2006
| Male | Female
| Total |
| Under 21 | 30 | 2
| 32 |
| 21 and Over | 107 | 16
| 123 |
| Total | 137 | 18
| 155 |
| | |
|
AGE OF FINE DEFAULTERS RECEIVED IN SEPTEMBER 2006
| Male | Female
| Total |
| Minimum | 17 | 19
| 17 |
| Maximum | 56 | 55
| 56 |
| Mean | 30 | 39
| 31 |
| | |
|
SENTENCE LENGTH (DAYS) OF FINE DEFAULTERS RECEIVED IN
SEPTEMBER 2006
| Male | Female
| Total |
| Minimum | 7 | 7
| 7 |
| Maximum | 30 | 28
| 30 |
| Mean | 11 | 11
| 11 |
| | |
|
OFFENCE TYPES RELATING TO FINE DEFAULTERS RECEIVED IN
SEPTEMBER 2006
| Male | Female
| Total |
| Violence against another person (VAP) | 14
| 1 | 15 |
| Theft | 9 | 2
| 11 |
| Fraud & Forgery | 1 |
0 | 1 |
| Criminal Damage | 11 | 2
| 13 |
| Motoring | 65 | 5
| 70 |
| Drug Offences | 2 | 0
| 2 |
| Others eg TV or dog licence default | 35
| 8 | 43 |
| | |
|
| Total | 137 | 18
| 155 |
| | |
|
Left unchecked, this prisoner population type, based on recent
trends, is expected to continue to rise in the future.
FINE DEFAULT
WORKING GROUP
In December 2006, the Criminal Justice Board commissioned
a Fine Default Working group under the direction of the Northern
Ireland Court Service, to examine and make recommendations on
a range of alternatives to custody for fine default. Early indications
are that while the Working Group has identified a range of measures
aimed at ensuring fines are paid more quickly and for providing
Courts with alternatives to custody such as community based Supervised
Activity Orders, Driving Disqualification, Seizure and Collection
Orders and Deductions from Earnings and Benefits, custody will
remain as the ultimate sanction for default. The working group
also assume that removal of remission will itself act as a deterrent
to default of payment.
The Working Group findings were presented to the Criminal
Justice Board in April 2007.
Northern Ireland Prison Service
April 2007
| 
