Fines
The Fines and Penalties (Northern Ireland) Order 1984 contains the principal general legislation on fines.
Where a person is convicted on indictment of an offence, whether punishable only on indictment or on indictment or on summary conviction, and would be liable to a fine not exceeding a specified amount, he shall, by virtue of the Fines and Penalties Act, be liable to a fine of any amount.
Where an offence is punishable on conviction on indictment or summary conviction in relation to provisions set out in the legislation, the maximum fine which may be imposed on summary conviction shall be the prescribed sum as the maximum fine unless the offence is one for which a larger fine may be imposed on summary conviction.
Under the 1984 legislation, the maximum sum is £1000 (increased later legislation). The general provision does not apply to fines per continuing period in respect of a continuing offence.
The prescribed sum is €5000 under 1994 legislation. This applies to all legislation and orders and council made prior to the legislation.
The standard scale of fines is prescribed and may be changed from time to time. The respective levels are as follows: level 1 £200, level 2 £500, level 3 £1,000, level 4 £2,500, level 5 £5,000.
Where any legislation provides that a person convicted of an offence on summary conviction is liable to a fine of a maximum sum by reference to the specified level, it is to be construed in accordance with the above levels. The levels may be changed from time to time.
The general provision is that for any offence to which the following provision applies, the fine or maximum fine as may be imposed on conviction shall be increased to the amount at the appropriate level of the standard scale, generally subject to some exceptions.
There is provision for a general increase of fines under historic legislation. In the case of legislation, provision is made for a general increase in fines in respect of legislation passed before certain dates. The legislation operates to increase the permitted maximum fine.
Where legislation provides for an offence punishable on summary conviction, the person convicted is liable for a fine or maximum fine of one amount in the case of first convictions and different amounts in respect of second and subsequent convictions, or is liable to imprisonment or a longer term in the case of second or subsequent convictions, or is only liable to imprisonment in the case of second or subsequent convictions, following provisions apply.
A person found guilty of such an offence shall be liable on summary conviction to a fine as the case may be, a maximum fine of an amount not exceeding the greatest amount, to imprisonment for a term not exceeding the longest or only term to which he would have been liable but for the legislation if his conviction had satisfied the conditions required for the imposition of the maximum fine or imprisonment of that term.
The Secretary of State may alter the prescribed sums above. This must be done by reference to a change in the value of money since the relevant date. The legislation may be amended by a statutory instrument.
In respect of certain legislation, the fine levels are preserved.
Under special legislation, special increases are inserted for a wide range of legislation, in particular, older 19th-century legislation where the original fines have been very significantly eroded by inflation. In particular, offences under the Town Improvements (Ireland) Act, the Town Police Clauses Act, and The Offences against the Person Act were increased from very low statutory maximums.
The Criminal Justice (Northern Ireland) Order 1994 increased the scales to the present levels. It has amended the general power of imprisonment for default. In the crown court or county court, the number of days in default ranges from seven days in respect of amounts not exceeding £200 a year in the case of amounts between £10,000 and £20,000 and 10 years in the case of amounts exceeding £1 million.
Where fines in the magistrate’s court, the number of days in default ranges from seven days in respect of fines not exceeding £200, six months for fines of between £5,000 and £10,000, and 12 months in respect of fines exceeding £10,000.
There is provision that when a fine is levied on a company and there is insufficient distress and it appears the company has insufficient assets, the Chief Clerk may apply to wind up the company or to administer the company.
Legislation coming into force after 1994, the maximum fine which may be imposed on summary conviction is the statutory maximum unless a higher maximum fine is specified. Where the maximum fine is applicable on first conviction, and there were differential amounts on subsequent conviction, the above provision applies on such subsequent convictions.