Criminology Research Council grant ; (14/80)
While fines constitute the bulk of penalties imposed by Victorian Magistrates' Courts and make a healthy contribution to government revenue little research has been directed towards them. This research looked at two particular aspects: fine payment and fine setting. Plainly fines are not utilitarian if they are poorly paid, and discontent about the levels of fines set will not aid public acceptance of fines as sanctions.
Fining Practice. The data for this research were collected from a number of Victorian courthouses and related to 1980, a time at which fining practices were relatively stable. Analysis of the data shows that the amount of fine was related to an independent measure of the seriousness of the offence -higher blood-alcohol levels in drinking drivers and higher value thefts produced higher fines although there was considerable variation in average fines from different courthouses.
Lower average fines were imposed on females reflecting only , the fact that females committed different offences from males.
Offenders who agreed to have their penalty determined by a magistrate in chambers through an 'alternative procedure', generally received lower fines than those who elected to go to court. And those who were not legally represented in court generally received a lower fine than those who did retain the services of a lawyer.
Fine Payment. Overall 92 per cent of fines were paid either outright or after a warrant had been issued. Around 7 per cent of fined offenders disappeared without paying and under 2 per cent of offenders were held in custody to discharge their fines. Offenders against the person and driving licence offenders were less likely to pay their fines. Variations between magistrates were considerable with only 80 per cent of fines imposed by one magistrate actually being paid.
The average delay between the courts fining an offender and his paying the fine is 200 days, an indication that fines may well be seen by many as simply another bill to pay. But because the fine is a penalty it is suggested that it should be paid at the time of sentence even if that requires considerable flexibility by the court through allowing Bankcard etc. Higher fines are those for which non-payment is more likely and the folly of increasing fines especially in times of economic stringency is therefore obvious, even though magistrates seem to show considerable reluctance to use maximum fines. Most fined offenders who eventually go to prison have made some attempt to pay their fines. It is noted that invariably these offenders have prior offending histories.
Each time a fine defaulter arrives in prison, it could be said a magistrate has erred by setting a fine which an offender finds impossible to pay. Attempts to keep fine defaulters from going to prison should include a searching financial investigation, giving magistrates the power to reduce fines, and setting realistic targets for time-payment by instalment. Expanding the community service option for fine defaulters is undoubtedly a strong device to keep such offenders out of prison.
Fine Setting. Apparently inconsistent and unfair fines for the same offence can cause disillusionment amongst the general public. This research used the offence of speeding in a motor vehicle to establish community support for magistrates' consideration, in all cases, of the features of a speeding event.
Respondents indicated that a fine for speeding should be higher if, for instance, the speeding car has bald tyres and less if the offence occurs on an empty road at 3.00 a.m. At present, magistrates according to their disposition, the initiative of police, presence of a lawyer or enthusiasm of the offender, mayor may not hear of these sort of features of the event. This research suggests a checklist of features to ensure that all such factors are always canvassed to ensure greater fairness in fine setting.
With respect to all features put to respondents, those who had been fined for speeding always suggested lower fines than those never fined. And females and older drivers tended to suggest higher fines in more circumstances. However a .05 driver was universally seen to deserve a heavy fine, even heavier if he had a history of speeding.