Court Orders

Thursday, 24 September 2020

Ceisteanna (214)

Patrick Costello

Ceist:

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]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice

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