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Helping Victims Through Fine Surcharges

NCJ Number
149537
Author(s)
L Axon; B Hann
Date Published
1994
Length
177 pages
Annotation
This study examines the experience of Ontario, Canada and other jurisdictions with Canada's legislation and regulation designed to generate revenue for victim services and programs and to provide a means for restitution through the establishment of a victim fine surcharge.
Abstract
The legislation took effect on July 31, 1989. In Ontario, the revenue generated by the Federal surcharge has declined dramatically, from $193,100 in the first eight months to $7,000 in the 11 months from April 1992 through February 1993. Only about 15 percent of the potential revenue was imposed in 1992, and only 2.7 percent was actually collected. About 10 percent of the counts had one or more surcharges attached. Surcharges were imposed on approximately one-fifth of the fines and less than 1 percent of the nonfine dispositions. More than 80 percent of all surcharges were imposed on crimes such as impaired driving, morals offenses, willful damages, and offenses against the administration of justice. Results suggested the need for further legal interpretation and guidance to prosecutors and judges, as well as regular reports regarding the use of surcharge revenue. A provincial surcharge should not be considered until the Federal surcharge is in full operation. Additional findings and recommendations, footnotes, tables, appended background information, and 11 references