NCJ Number
122194
Date Published
1989
Length
17 pages
Annotation
This analysis of the use of fines and imprisonment for fine defaults in sentencing in England and Wales concludes that both fines and their enforcement discriminate against the poor and that a fairer system for calculating fines and a more coherent and sensitive approach to fine enforcement are needed.
Abstract
Although the fine is overwhelmingly the most common penalty used by the English courts, little research has been done regarding its use and impacts. Just under one fifth of prisoners in England and Wales and half of those in Scotland have been incarcerated for fine defaults. In addition, the use of the fine is declining, probably because of the high levels of unemployment among offenders. Confusion and wide variations in approaches characterize the fine enforcement process. In addition, imprisonment for default is becoming increasingly likely for those receiving sentences of fines, although studies have shown that the use of imprisonment is not a necessary aid to effective fine enforcement. Furthermore, the British courts have not been receptive to findings from other countries, where other approaches have been used effectively. The current system should be reformed to include short periods of community service as the penalty for fine defaults and to reflect the research finding that speed of action rather than specific measures is the crucial element of effective fine enforcement. Tables.