IE-2010-act-8 — Fines Act 2010 | Law Reform

PART 1 Preliminary and General 1 .— (1) This Act may be cited as the Fines Act 2010. (2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions. 2 .— In this Act “Minister” means the Minister for Justice, Equality and Law Reform. PART 2 Increase of Fines 3 .— In this Part— “class A fine” means a fine not exceeding €5,000; “class B fine” means a fine not exceeding €4,000; “class C fine” means a fine not exceeding €2,500; “class D fine” means a fine not exceeding €1,000; “class E fine” means a fine not exceeding €500; “commencement date” means the date of the coming into operation of this Part; “enactment” means— ( a ) an Act of the Oireachtas, ( b ) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or ( c ) an instrument made under— (i) an Act of the Oireachtas, or (ii) such a statute. 4 .— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class A fine, the reference to class A fine shall be construed as a reference to class A fine within the meaning of this Part. (2) Subject to subsection (3) , where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class A fine. (3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that— ( a ) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and ( b ) falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class A fine. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Range of amounts (3) Range of amounts (3) 1. 1. 1 January 1997 to day immediately before commencement date 1 January 1997 to day immediately before commencement date Not greater than €5,000 but greater than €4,000 Not greater than €5,000 but greater than €4,000 2. 2. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 Not greater than €5,000 but greater than €2,769 Not greater than €5,000 but greater than €2,769 3. 3. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 Not greater than €5,000 but greater than €2,328 Not greater than €5,000 but greater than €2,328 4. 4. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 Not greater than €5,000 but greater than €970 Not greater than €5,000 but greater than €970 5. 5. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 Not greater than €5,000 but greater than €491 Not greater than €5,000 but greater than €491 6. 6. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 Not greater than €5,000 but greater than €234 Not greater than €5,000 but greater than €234 7. 7. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 Not greater than €5,000 but greater than €127 Not greater than €5,000 but greater than €127 8. 8. Period ending on 31 December 1914 Period ending on 31 December 1914 Not greater than €5,000 but greater than €100 Not greater than €5,000 but greater than €100 5 .— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class B fine, the reference to class B fine shall be construed as a reference to class B fine within the meaning of this Part. (2) Subject to subsection (3) , where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class B fine. (3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that— ( a ) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and ( b ) falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class B fine. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Range of amounts (3) Range of amounts (3) 1. 1. 1 January 1997 to day immediately before commencement date 1 January 1997 to day immediately before commencement date Not greater than €4,000 but greater than €2,500 Not greater than €4,000 but greater than €2,500 2. 2. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 Not greater than €2,769 but greater than €1,731 Not greater than €2,769 but greater than €1,731 3. 3. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 Not greater than €2,328 but greater than €1,455 Not greater than €2,328 but greater than €1,455 4. 4. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 Not greater than €970 but greater than €606 Not greater than €970 but greater than €606 5. 5. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 Not greater than €491 but greater than €307 Not greater than €491 but greater than €307 6. 6. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 Not greater than €234 but greater than €147 Not greater than €234 but greater than €147 7. 7. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 Not greater than €127 but greater than €79 Not greater than €127 but greater than €79 8. 8. Period ending on 31 December 1914 Period ending on 31 December 1914 Not greater than €100 but greater than €50 Not greater than €100 but greater than €50 6 .— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class C fine, the reference to class C fine shall be construed as a reference to class C fine within the meaning of this Part. (2) Subject to subsection (3) , where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class C fine. (3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that— ( a ) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and ( b ) falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class C fine. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Range of amounts (3) Range of amounts (3) 1. 1. 1 January 1997 to day immediately before commencement date 1 January 1997 to day immediately before commencement date Not greater than €2,500 but greater than €1,000 Not greater than €2,500 but greater than €1,000 2. 2. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 Not greater than €1,731 but greater than €692 Not greater than €1,731 but greater than €692 3. 3. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 Not greater than €1,455 but greater than €582 Not greater than €1,455 but greater than €582 4. 4. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 Not greater than €606 but greater than €242 Not greater than €606 but greater than €242 5. 5. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 Not greater than €307 but greater than €123 Not greater than €307 but greater than €123 6. 6. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 Not greater than €147 but greater than €59 Not greater than €147 but greater than €59 7. 7. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 Not greater than €79 but greater than €32 Not greater than €79 but greater than €32 8. 8. Period ending on 31 December 1914 Period ending on 31 December 1914 Not greater than €50 but greater than €25 Not greater than €50 but greater than €25 7 .— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class D fine, the reference to class D fine shall be construed as a reference to class D fine within the meaning of this Part. (2) Subject to subsection (3) , where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class D fine. (3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that— ( a ) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and ( b ) falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class D fine. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Range of amounts (3) Range of amounts (3) 1. 1. 1 January 1997 to day immediately before commencement date 1 January 1997 to day immediately before commencement date Not greater than €1,000 but greater than €500 Not greater than €1,000 but greater than €500 2. 2. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 Not greater than €692 but greater than €346 Not greater than €692 but greater than €346 3. 3. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 Not greater than €582 but greater than €291 Not greater than €582 but greater than €291 4. 4. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 Not greater than €242 but greater than €121 Not greater than €242 but greater than €121 5. 5. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 Not greater than €123 but greater than €61 Not greater than €123 but greater than €61 6. 6. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 Not greater than €59 but greater than €29 Not greater than €59 but greater than €29 7. 7. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 Not greater than €32 but greater than €16 Not greater than €32 but greater than €16 8. 8. Period ending on 31 December 1914 Period ending on 31 December 1914 Not greater than €25 but greater than €6 Not greater than €25 but greater than €6 8 .— (1) Where an enactment enacted on or after the commencement date provides that a person who commits an offence under that or any other enactment shall be liable, upon summary conviction, to a class E fine, the reference to class E fine shall be construed as a reference to class E fine within the meaning of this Part. (2) Subject to subsection (3) , where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class E fine. (3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that— ( a ) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and ( b ) falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class E fine. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Range of amounts (3) Range of amounts (3) 1. 1. 1 January 1997 to day immediately before commencement date 1 January 1997 to day immediately before commencement date Not greater than €500 Not greater than €500 2. 2. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 Not greater than €346 Not greater than €346 3. 3. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 Not greater than €291 Not greater than €291 4. 4. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 Not greater than €121 Not greater than €121 5. 5. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 Not greater than €61 Not greater than €61 6. 6. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 Not greater than €29 Not greater than €29 7. 7. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 Not greater than €16 Not greater than €16 8. 8. Period ending on 31 December 1914 Period ending on 31 December 1914 Not greater than €6 Not greater than €6 9 .— (1) Subject to subsection (2) , where the maximum fine upon conviction on indictment of an offence is specified in an enactment that was enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, a person who commits that offence after the commencement date shall not be liable to that fine, but shall, instead, be liable, upon conviction on indictment, to a fine not exceeding an amount calculated by multiplying the said maximum fine by the multiplier specified in column (3) of the Table opposite the same reference number. (2) Where the maximum fine upon conviction on indictment of an offence specified in an enactment was provided for by virtue of a subsequent enactment that was enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, a person who commits that offence after the commencement date shall not be liable to that fine, but shall, instead, be liable, upon conviction on indictment, to a fine not exceeding an amount calculated by multiplying the said maximum fine by the multiplier specified in column (3) of the Table opposite the same reference number. TABLE Reference Number (1) Reference Number (1) Period (2) Period (2) Multiplier (3) Multiplier (3) 1. 1. 1 January 1990 to 31 December 1996 1 January 1990 to 31 December 1996 1.75 1.75 2. 2. 1 January 1980 to 31 December 1989 1 January 1980 to 31 December 1989 2 2 3. 3. 1 January 1975 to 31 December 1979 1 January 1975 to 31 December 1979 5 5 4. 4. 1 January 1965 to 31 December 1974 1 January 1965 to 31 December 1974 10 10 5. 5. 1 January 1945 to 31 December 1964 1 January 1945 to 31 December 1964 21 21 6. 6. 1 January 1915 to 31 December 1944 1 January 1915 to 31 December 1944 39 39 7. 7. Period ending on 31 December 1914 Period ending on 31 December 1914 50 50 10 .— (1) Section 4 (1) (amended by section 17 of the Act of 1984) of the Criminal Justice Act 1951 is amended by the substitution of “class A fine within the meaning of Part 2 of the Fines Act 2010 ” for “fine not exceeding £1,000”. (2) Section 13 (3)( a ) (amended by section 17 of the Act of 1984) of the Criminal Procedure Act 1967 is amended by the substitution of “class A fine within the meaning of Part 2 of the Fines Act 2010 ” for “fine not exceeding £1,000”. (3) Section 53 (2) of the Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the substitution of “class A fine within the meaning of Part 2 of the Fines Act 2010 ” for “fine not exceeding £1,500”. (4) In this section “Act of 1984” means the Criminal Justice Act 1984 . 11 .— (1) If, in any respect, any difficulty arises in bringing any provision of this Part into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Part so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Part after the expiration of 3 years commencing on the day on which the provision came into operation. (2) Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House. PART 3 Payment and Recovery of Fines 12 .— F1 [ … ] 13 .— F2 [ … ] 14 .— F3 [ … ] 15 .— F4 [ … ] 16 .— F5 [ … ] 17 .— F6 [ … ] 18 .— F7 [ … ] 19 .— F8 [ … ] 20 .— F9 [ … ] 21 .— F10 [ … ] 22 .— F11 [ … ]