Patrick Costello
Question:
214. Deputy Patrick Costello asked the Minister for Justice the number of attachment orders, community service orders, prison orders and recovery orders in each of the years 2016 to 2019 and to date in 2020, in relation to non-payment of court order fines. [26088/20]
View answer
I have requested information from the Courts and the Probation Service on the matter requested by the Deputy.
This information is currently being compiled and verified and I will write directly to the Deputy when it is available.
The following deferred reply was received under Standing Order 51
I refer to Parliamentary Questions 169 of 23 September and 214 of 24 September 2020. As both questions relate to alternative orders in the event of non-payment of court fines – under the Fines (Recovery and Payment) Act 2014 – I trust a singular response will suffice. While you had sought statistical information on the numbers of orders made to date, I believe it important, in the first instance, to put these figures into some context. As you will be aware, the Fines (Recovery and Payment) Act 2014 (“the Act”) came into force in 2016, and provides for alternative orders to imprisonment for the non-payment of fines. This was seen as an important reform in addressing the level of short term prison sentences issued for the non-payment of court imposed fines. In 2015, prior to commencement of the Act, there were 9,883 such committals. In 2019, that figure had fallen to only 861; a reduction of 91%.
The Act stipulates that a person who defaults on their court fine must be brought back to court, before a judge can make an alternative order. These second hearings are sometimes referred to as “enforcement hearings”. Once the defaulter attends the enforcement hearing, a judge can decide upon an attachment of earnings order, a recovery order (if the fine was greater than €500), or a community service order. If the court is not satisfied with matters relating to the alternative options, an order committing the person to prison can be made.
All such outcomes require the defaulter to appear at an enforcement hearing. In the event of non-attendance – and if satisfied that the original notice was served – a court may decide to adjourn the enforcement hearing to a new date or issue a warrant for the arrest of the person. While, data on attendance levels is not systematically captured, the Court Service have previously estimated the attendance rate at enforcement hearings to be approximately 10%. This has greatly significantly reduced the efficacy of the Act, as it removes the possibility of deciding upon appropriate alternative sanctions.
A Departmental High Level Group – which also includes representatives from the Courts Service, the Office of the Attorney General, An Garda Síochána, the DPP, the Irish Prison Service and the Probation Service – was established to explore how to improve the effectiveness of the collection process, in the context of the legislation and its implementation. Work is ongoing in this area including a detailed examination of fine enforcement mechanisms in other jurisdictions. The intention is develop and agree an action plan for improvement.
In relation to your request for the number of attachment orders, community service orders, prison orders and recovery orders in each of the years 2016 to 2019 and to date in 2020 – in relation to non-payment of court fines – the Court Service have supplied the table (see Appendix A) , noting that:
- A person may have received more than one sanction in a year, and therefore they may appear twice in the table.
- A sanction may cover more than one offence, for example an attachment of earnings order may cover more than one offence.
- In 2018 and 2019, a high number of prison committals were imposed in a court where the defendant was not present. As described above, none of the default orders can be imposed in such circumstances. Subsequently, the State brought applications to set these committal warrants aside.
Your question of 23 September sought the number of fine defaulters that have received community service in lieu of prison time in the past four years by county, to which the Courts Service has supplied the tables (see Appendix B) , noting that:
- The tables display the number of persons that received a Community Service Order from 1 January 2017 to 30 June 2020 for failing to pay a Court imposed fine in full. The report attached is broken down by person by year.
- A person may appear in more than one year if they received a Community Service Order in different years. For example, if a person received 1 Community Service Order in 2018 and 1 Community Service Order in 2019 they will appear as two records in the report.
Appendix A
Orders
|
|
2017
|
|
2018
|
|
2019
|
|
2020 (30 Sep)
|
Persons
|
Offences
|
Persons
|
Offences
|
Persons
|
Offences
|
Persons
|
Offences
|
|
Attachment of Earnings
|
-
|
-
|
13
|
30
|
26
|
32
|
7
|
19
|
Recovery
|
1
|
1
|
8
|
9
|
31
|
60
|
25
|
28
|
Community Service
|
4
|
5
|
280
|
434
|
592
|
823
|
136
|
204
|
Imprisonment
|
3
|
3
|
739
|
1,138
|
396
|
801
|
98
|
220
|
Appendix B
2017
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
CARLOW DISTRICT COURT OFFICE
|
CARLOW
|
1
|
|
CARLOW DISTRICT COURT OFFICE Total
|
|
|
1
|
LONGFORD DISTRICT COURT OFFICE
|
LONGFORD
|
1
|
|
LONGFORD DISTRICT COURT OFFICE Total
|
|
|
1
|
MONAGHAN DISTRICT COURT OFFICE
|
MONAGHAN
|
1
|
|
MONAGHAN DISTRICT COURT OFFICE Total
|
|
|
1
|
MULLINGAR DISTRICT COURT OFFICE
|
Mullingar
|
1
|
|
MULLINGAR DISTRICT COURT OFFICE Total
|
|
|
1
|
Grand Total
|
|
|
4
|
2018
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
ATHLONE DISTRICT COURT OFFICE
|
ATHLONE
|
18
|
|
ATHLONE DISTRICT COURT OFFICE Total
|
|
|
18
|
BRAY DISTRICT COURT OFFICE
|
BRAY
|
9
|
|
BRAY DISTRICT COURT OFFICE Total
|
|
|
9
|
CARLOW DISTRICT COURT OFFICE
|
CARLOW
|
22
|
|
CARLOW DISTRICT COURT OFFICE Total
|
|
|
22
|
CAVAN DISTRICT COURT OFFICE
|
CAVAN
|
8
|
|
|
VIRGINIA
|
3
|
|
CAVAN DISTRICT COURT OFFICE Total
|
|
|
11
|
CLONMEL DISTRICT COURT OFFICE
|
Clonmel Court No. 2
|
3
|
|
CLONMEL DISTRICT COURT OFFICE Total
|
|
|
3
|
CORK DISTRICT COURT OFFICE
|
Court No. 1, Cork City
|
1
|
|
|
Court No. 2, Cork City
|
1
|
|
|
Court No. 5, Cork City
|
1
|
|
|
MIDLETON
|
3
|
|
CORK DISTRICT COURT OFFICE Total
|
|
|
6
|
Dublin
|
Court No. 27, Four Courts
|
9
|
|
|
Court No. 5 (CCJ)
|
12
|
|
Dublin Total
|
|
|
21
|
DONEGAL DISTRICT COURT OFFICE
|
NA GLEANNTA
|
1
|
|
DONEGAL DISTRICT COURT OFFICE Total
|
|
|
1
|
ENNIS DISTRICT COURT OFFICE
|
Ennis
|
11
|
|
|
KILLALOE
|
2
|
|
ENNIS DISTRICT COURT OFFICE Total
|
|
|
13
|
KILKENNY DISTRICT COURT OFFICE
|
KILKENNY
|
48
|
|
KILKENNY DISTRICT COURT OFFICE Total
|
|
|
48
|
LETTERKENNY DISTRICT COURT OFFICE
|
Letterkenny Court No. 1
|
2
|
|
LETTERKENNY DISTRICT COURT OFFICE Total
|
|
|
2
|
LIMERICK DISTRICT COURT OFFICE
|
Court No 2 Courts Complex
|
1
|
|
|
Courtroom 1
|
7
|
|
|
Courtroom 6
|
14
|
|
|
NEWCASTLEWEST
|
8
|
|
LIMERICK DISTRICT COURT OFFICE Total
|
|
|
30
|
LONGFORD DISTRICT COURT OFFICE
|
LONGFORD
|
42
|
|
LONGFORD DISTRICT COURT OFFICE Total
|
|
|
42
|
MONAGHAN DISTRICT COURT OFFICE
|
CARRICKMACROSS
|
2
|
|
|
MONAGHAN
|
10
|
|
MONAGHAN DISTRICT COURT OFFICE Total
|
|
|
12
|
MULLINGAR DISTRICT COURT OFFICE
|
MULLINGAR
|
14
|
|
MULLINGAR DISTRICT COURT OFFICE Total
|
|
|
14
|
PORTLAOISE DISTRICT COURT OFFICE
|
PORTLAOISE
|
1
|
|
PORTLAOISE DISTRICT COURT OFFICE Total
|
|
|
1
|
SLIGO DISTRICT COURT OFFICE
|
SLIGO
|
2
|
|
|
TUBBERCURRY
|
1
|
|
SLIGO DISTRICT COURT OFFICE Total
|
|
|
3
|
TULLAMORE DISTRICT COURT OFFICE
|
TULLAMORE
|
20
|
|
TULLAMORE DISTRICT COURT OFFICE Total
|
|
|
20
|
WATERFORD DISTRICT COURT OFFICE
|
WATERFORD
|
3
|
|
WATERFORD DISTRICT COURT OFFICE Total
|
|
|
3
|
WEXFORD DISTRICT COURT OFFICE
|
WEXFORD
|
1
|
|
WEXFORD DISTRICT COURT OFFICE Total
|
|
|
1
|
Grand Total
|
|
|
280
|
2019
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
ATHLONE DISTRICT COURT OFFICE
|
ATHLONE
|
15
|
|
ATHLONE DISTRICT COURT OFFICE Total
|
|
|
15
|
BALLINA DISTRICT COURT OFFICE
|
BALLINA
|
1
|
|
BALLINA DISTRICT COURT OFFICE Total
|
|
|
1
|
BRAY DISTRICT COURT OFFICE
|
ARKLOW
|
4
|
|
|
BRAY
|
11
|
|
BRAY DISTRICT COURT OFFICE Total
|
|
|
15
|
CARLOW DISTRICT COURT OFFICE
|
CARLOW
|
31
|
|
CARLOW DISTRICT COURT OFFICE Total
|
|
|
31
|
CARRICK-ON-SHANNON OFFICE
|
CARRICK ON SHANNON
|
1
|
|
CARRICK-ON-SHANNON OFFICE Total
|
|
|
1
|
CAVAN DISTRICT COURT OFFICE
|
CAVAN
|
14
|
|
|
VIRGINIA
|
9
|
|
CAVAN DISTRICT COURT OFFICE Total
|
|
|
23
|
CLONAKILTY DISTRICT COURT OFFICE
|
BANTRY
|
1
|
|
|
MACROOM
|
1
|
|
CLONAKILTY DISTRICT COURT OFFICE Total
|
|
|
2
|
CLONMEL DISTRICT COURT OFFICE
|
CASHEL
|
4
|
|
|
Clonmel Court No. 2
|
2
|
|
|
TIPPERARY
|
2
|
|
CLONMEL DISTRICT COURT OFFICE Total
|
|
|
8
|
CORK DISTRICT COURT OFFICE
|
Court No. 1, Cork City
|
7
|
|
|
Court No. 3, Cork City
|
38
|
|
|
MIDLETON
|
8
|
|
CORK DISTRICT COURT OFFICE Total
|
|
|
53
|
DONEGAL DISTRICT COURT OFFICE
|
AN CLOCHAN LIATH
|
1
|
|
|
DONEGAL
|
1
|
|
DONEGAL DISTRICT COURT OFFICE Total
|
|
|
2
|
DUBLIN METROPOLITAN DISTRICT
|
Court No. 2 (CCJ)
|
38
|
|
|
Court No. 3 (CCJ)
|
2
|
|
|
Court No. 4 (CCJ)
|
1
|
|
|
Court No. 8 (CCJ)
|
4
|
|
DUBLIN METROPOLITAN DISTRICT Total
|
|
|
45
|
ENNIS DISTRICT COURT OFFICE
|
Ennis
|
11
|
|
|
KILRUSH
|
1
|
|
ENNIS DISTRICT COURT OFFICE Total
|
|
|
12
|
GALWAY DISTRICT COURT OFFICE
|
DOIRE AN FHEICH
|
1
|
|
|
Galway Court No. 2
|
13
|
|
|
Galway Court No. 3
|
14
|
|
|
TUAM
|
3
|
|
GALWAY DISTRICT COURT OFFICE Total
|
|
|
31
|
KILKENNY DISTRICT COURT OFFICE
|
KILKENNY
|
71
|
|
KILKENNY DISTRICT COURT OFFICE Total
|
|
|
71
|
LETTERKENNY DISTRICT COURT OFFICE
|
BUNCRANA
|
1
|
|
|
Letterkenny Court No. 1
|
4
|
|
LETTERKENNY DISTRICT COURT OFFICE Total
|
|
|
5
|
LIMERICK DISTRICT COURT OFFICE
|
Courtroom 3
|
40
|
|
|
Courtroom 6
|
25
|
|
|
NEWCASTLEWEST
|
26
|
|
LIMERICK DISTRICT COURT OFFICE Total
|
|
|
91
|
LONGFORD DISTRICT COURT OFFICE
|
LONGFORD
|
45
|
|
LONGFORD DISTRICT COURT OFFICE Total
|
|
|
45
|
LOUGHREA DISTRICT COURT OFFICE
|
LONGFORD
|
2
|
|
LOUGHREA DISTRICT COURT OFFICE Total
|
|
|
2
|
MALLOW DISTRICT COURT OFFICE
|
FERMOY
|
10
|
|
|
MALLOW
|
13
|
|
MALLOW DISTRICT COURT OFFICE Total
|
|
|
23
|
MONAGHAN DISTRICT COURT OFFICE
|
CARRICKMACROSS
|
2
|
|
|
MONAGHAN
|
3
|
|
MONAGHAN DISTRICT COURT OFFICE Total
|
|
|
5
|
MULLINGAR DISTRICT COURT OFFICE
|
MULLINGAR
|
15
|
|
MULLINGAR DISTRICT COURT OFFICE Total
|
|
|
15
|
NENAGH DISTRICT COURT OFFICE
|
NENAGH
|
10
|
|
|
THURLES
|
3
|
|
NENAGH DISTRICT COURT OFFICE Total
|
|
|
13
|
PORTLAOISE DISTRICT COURT OFFICE
|
PORTLAOISE
|
6
|
|
PORTLAOISE DISTRICT COURT OFFICE Total
|
|
|
6
|
ROSCOMMON DISTRICT COURT OFFICE
|
ROSCOMMON
|
2
|
|
ROSCOMMON DISTRICT COURT OFFICE Total
|
|
|
2
|
SLIGO DISTRICT COURT OFFICE
|
SLIGO
|
7
|
|
SLIGO DISTRICT COURT OFFICE Total
|
|
|
7
|
TULLAMORE DISTRICT COURT OFFICE
|
TULLAMORE
|
20
|
|
TULLAMORE DISTRICT COURT OFFICE Total
|
|
|
20
|
WATERFORD DISTRICT COURT OFFICE
|
DUNGARVAN
|
3
|
|
|
WATERFORD
|
24
|
|
WATERFORD DISTRICT COURT OFFICE Total
|
|
|
27
|
WEXFORD DISTRICT COURT OFFICE
|
GOREY
|
13
|
|
|
WEXFORD
|
8
|
|
WEXFORD DISTRICT COURT OFFICE Total
|
|
|
21
|
Grand Total
|
|
|
592
|
2020 (30 June)
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
Office
|
Court Venue
|
Number by Court Venue
|
Number by Court Office
|
ATHLONE DISTRICT COURT OFFICE
|
ATHLONE
|
3
|
|
ATHLONE DISTRICT COURT OFFICE Total
|
|
|
3
|
BRAY DISTRICT COURT OFFICE
|
ARKLOW
|
1
|
|
|
BRAY
|
5
|
|
BRAY DISTRICT COURT OFFICE Total
|
|
|
6
|
CARLOW DISTRICT COURT OFFICE
|
CARLOW
|
3
|
|
CARLOW DISTRICT COURT OFFICE Total
|
|
|
3
|
CAVAN DISTRICT COURT OFFICE
|
CAVAN
|
3
|
|
|
VIRGINIA
|
1
|
|
CAVAN DISTRICT COURT OFFICE Total
|
|
|
4
|
CORK DISTRICT COURT OFFICE
|
Court No. 1, Cork City
|
2
|
|
|
Court No. 3, Cork City
|
5
|
|
|
MIDLETON
|
3
|
|
CORK DISTRICT COURT OFFICE Total
|
|
|
10
|
DONEGAL DISTRICT COURT OFFICE
|
BALLYSHANNON
|
1
|
|
DONEGAL DISTRICT COURT OFFICE Total
|
|
|
1
|
DUBLIN METROPOLITAN DISTRICT
|
Court No. 2 (CCJ)
|
8
|
|
|
Court No. 8 (CCJ)
|
9
|
|
DUBLIN METROPOLITAN DISTRICT Total
|
|
|
17
|
ENNIS DISTRICT COURT OFFICE
|
Ennis
|
1
|
|
ENNIS DISTRICT COURT OFFICE Total
|
|
|
1
|
GALWAY DISTRICT COURT OFFICE
|
BALLYSHANNON
|
1
|
|
|
CASTLEREA
|
1
|
|
GALWAY DISTRICT COURT OFFICE Total
|
|
|
2
|
KILKENNY DISTRICT COURT OFFICE
|
CARLOW
|
1
|
|
|
KILKENNY
|
22
|
|
KILKENNY DISTRICT COURT OFFICE Total
|
|
|
23
|
LETTERKENNY DISTRICT COURT OFFICE
|
BUNCRANA
|
1
|
|
LETTERKENNY DISTRICT COURT OFFICE Total
|
|
|
1
|
LIMERICK DISTRICT COURT OFFICE
|
Court No 2 Courts Complex
|
6
|
|
|
Courtroom 3
|
5
|
|
|
Courtroom 6
|
3
|
|
|
NEWCASTLEWEST
|
8
|
|
LIMERICK DISTRICT COURT OFFICE Total
|
|
|
22
|
LONGFORD DISTRICT COURT OFFICE
|
LONGFORD
|
5
|
|
LONGFORD DISTRICT COURT OFFICE Total
|
|
|
5
|
LOUGHREA DISTRICT COURT OFFICE
|
BALLINASLOE
|
4
|
|
|
LOUGHREA
|
3
|
|
LOUGHREA DISTRICT COURT OFFICE Total
|
|
|
7
|
MALLOW DISTRICT COURT OFFICE
|
FERMOY
|
1
|
|
|
MALLOW
|
9
|
|
MALLOW DISTRICT COURT OFFICE Total
|
|
|
10
|
MONAGHAN DISTRICT COURT OFFICE
|
MONAGHAN
|
1
|
|
MONAGHAN DISTRICT COURT OFFICE Total
|
|
|
1
|
NENAGH DISTRICT COURT OFFICE
|
NENAGH
|
4
|
|
NENAGH DISTRICT COURT OFFICE Total
|
|
|
4
|
WATERFORD DISTRICT COURT OFFICE
|
WATERFORD
|
4
|
|
WATERFORD DISTRICT COURT OFFICE Total
|
|
|
4
|
WEXFORD DISTRICT COURT OFFICE
|
GOREY
|
2
|
|
|
WEXFORD
|
1
|
|
WEXFORD DISTRICT COURT OFFICE Total
|
|
|
3
|
|
|
|
|