|
|
Capacity of person to pay fine.
|
14.— (1) The purpose of this section is to ensure as far as practicable that, where a court imposes a fine on a person, the effect of the fine on that person or his or her dependants is not significantly abated or made more severe by reason of his or her financial circumstances.
|
|
| |
(2) Where a person of full age is convicted of an offence, the court shall, in determining the amount of the fine (if any) to impose in respect of the offence, take into account the person’s financial circumstances.
|
|
| |
(3) For the purpose of this section, a court may, in making a determination under subsection (2), impose a fine that is greater than, less than or equal to the otherwise appropriate fine, but in any case a court shall not impose a fine that is—
|
|
| |
(a) greater than the maximum fine (if any), or
|
|
| |
(b) less than the minimum fine (if any),
|
|
| |
to which a person would be liable upon conviction of the offence concerned.
|
|
| |
(4) Where a court has convicted a person in his or her absence or if a person who has been convicted of an offence fails or refuses to provide the court with information as to his or her financial circumstances, the court shall impose such fine as it considers appropriate in respect of the offence concerned taking into account such information (if any) as is known to the court concerning those circumstances.
|
|
| |
(5) For the purposes of subsection (2), the court may, by direction in writing, require the person convicted to attend before the court and provide the court with all such information as the court may require in relation to his or her financial circumstances.
|
|
| |
(6) A person who knowingly or recklessly makes a statement (orally or in writing) that is false or misleading in any material respect to a court discharging its function under subsection (2) concerning a person's financial circumstances shall be guilty of an offence and shall be liable—
|
|
| |
(a) upon summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both, or
|
|
| |
(b) upon conviction on indictment to a fine not exceeding €25,000 or imprisonment for a term not exceeding 5 years or both.
|
|
| |
(7) A person who fails or refuses to comply with a direction under subsection (5) shall be guilty of an offence and shall be liable—
|
|
| |
(a) upon summary conviction to a class B fine or imprisonment for a term not exceeding 6 months or both, or
|
|
| |
(b) upon conviction on indictment to a fine not exceeding €25,000 or imprisonment for a term not exceeding 5 years or both.
|
|
| |
(8) This section does not apply in relation to the imposition of a fine where the court has no discretion in the determination of the amount of the fine.
|
|
| |
(9) In this section “ otherwise appropriate fine ” means the fine that the court would impose on the person in respect of the offence concerned if, in determining the amount of the fine, it were not required to take into account the person’s financial circumstances.
|
