asked the Minister for Justice if he has considered a general revision of the statutory basis for the system of fines in order that they could be related to the income and ability to pay of the offenders, rather than to fixed general cash maxima as at present; and if he will make a statement on the matter.
Written Answers. - Fines System.
33.
As the law stands maximum fines are generally prescribed by statute in relation to particular offences and the courts have a discretion within the prescribed limits as to the actual fine they may impose in a particular case. In exercising this discretion the District Court, which is the court in which the vast majority of fines are imposed, is under a statutory obligation to take a person's means into consideration.
A system of the kind envisaged in the question would represent a very radical change and would give rise to a number of fundamental questions. For instance, if an offence carried a fine that was subject to no fixed general maximum would it still be a minor offence that could be tried in the District Court in accordance with the Constitution? Would relating fines to income be invidious discrimination? Would it be practicable anyway for the court to ascertain the income of convicted persons?
I accept, of course, that the level of maximum fines prescribed under existing legislation is in many instances out of date. For that reason one of the matters that has been referred to the Law Reform Commission for examination is the question of indexation of fines, which would involve updating these maxima generally. The opportunity will also continue to be taken when reviewing legislation in any particular area to update existing maximum penalties for offences in that area.