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Results for fine defaulters

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Author: Western Australia, Office of the Inspector of Custodial Services

Title: Fine defaulters in the Western Australian prison system

Summary: The imprisonment of fine defaulters in Western Australian prisons has been a contentious issue for some time. Debates have centred around the number of defaulters in prison, their impact on an already-crowded prison system, the cost of short terms of imprisonment for fine default, and whether the state is too quick to imprison fine defaulters rather than using alternatives. Very different views have been put as to the extent of the problem and the potential solutions, and the matter has generated political division. Some of the issues involved in fine default are beyond our jurisdiction as they involve the powers and practices of the courts, the police, and the fine enforcement sections of the Department of the Attorney General. At times during this review, some people in some government departments complained that we were going beyond our jurisdiction in undertaking this work. That is clearly not so: I am legislatively mandated to provide independent oversight of matters that impact on prisons. These necessarily extend to matters such as the number of fine defaulters; their profile (including their offending, and demographics); their impact on the prison population and the operation of prisons; the costs of their incarceration; and their welfare and treatment in prison. I have a legislative responsibility to report independently to Parliament on such issues if I believe this to be necessary or appropriate. The report focuses primarily on the period from July 2006 to June 2015. The most important single finding is that while the number of people received into prison each year for fine default has increased markedly, there are few people in prison for fine default at any given time. This is because fine defaulters tend to serve very short periods in custody: their 'turnover' is high but their stay is short. The policy implications of this are clear. First, reducing the number of fine defaulters in prison will not lead to a significant reduction in either total prisoner numbers or the extent of overcrowding in the prisons. As we and the Auditor General reported in 2015, the main 'target' for anyone seeking to reduce the prison population should be the alarming rise in the number of people held on pre-trial remand (Office of the Auditor General [OAG] 2015; Office of the Inspector of Custodial Services [OICS] 2015a). At the time of writing, the remand population comprises over 29 per cent of the total prison population, up from 16 per cent a decade ago On the other hand, however, having people 'churning' in and out of custody for short periods for fine default is financially costly (several million dollars each year), socially undesirable, and risky and disruptive for prisons. It is therefore incumbent on all agencies to ensure that everything possible is done to reduce this churn. Significantly, this report has also revealed demographic differences, with Aboriginal women being by far the most likely cohort to be in prison for fine default. The death of Ms Dhu in police custody lies outside our jurisdiction. However, the current coronial inquest into her death has added poignancy and urgency to our findings.

Details: Perth: Office of the Inspector of Custodial Services, 2016. 34p.

Source: Internet Resource: Accessed September 7, 2017 at: http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3914182a267c7268541194a448257fd20032c2e4/$file/4182.pdf

Year: 2016

Country: Australia

URL: http://www.parliament.wa.gov.au/publications/tabledpapers.nsf/displaypaper/3914182a267c7268541194a448257fd20032c2e4/$file/4182.pdf

Shelf Number: 147159

Keywords:
Criminal Fees
Criminal Fines
Criminal Justice Debt
Financial Sanctions
Fine Defaulters

Author: Papalia, Paul

Title: Locking in Poverty How Western Australia drives the poor, women and Aboriginal people to prison

Summary: The current policy for managing Western Australians who cannot pay fines has cost taxpayers millions of dollars, strained the prison system and has disproportionately affected the poor, especially women and Aboriginal people. In Western Australia, fine defaulters may enter prison to clear a fine, if they have been unsuccessful in paying off the fine via a payment plan or completing a Community Service Order. The management of Community Service Orders was changed in early 2009, resulting in high rates of imprisonment of fine defaulters. The State Government assumes that the prospect of going to prison will deter people from breaking the law and incurring fines in the first place. If so, the number of fine defaulters entering the prison system should have diminished. Instead, this policy is driving an extra 1100 people to prison a year, with significant economic and social costs. This policy is not working. It is economically unsound, ineffective in enforcing fines payments and profoundly unfair. - Every year since 2010, more than 1,100 fine defaulters have entered prison in Western Australia solely for the purpose of clearing fines. - Fine defaulters in prison 'cut out' $250 of fines a day, yet it costs $345 per day to keep them in prison. - The costs of imprisoning fine defaulters have blown out by 220 per cent since 2008. - Last year, one in every three women who entered the prison system did so solely for the purposes of clearing fines. - The number of Aboriginal women jailed for fine default has soared by 576 per cent since 2008. - Between 2008 and 2013, the number of Aboriginal people incarcerated solely for fine default has increased from 101 to 590, a growth of more than 480 per cent. - Between 2008-9 and 2012-13, the Department of Corrective Services budget has blown out by an average of 8.6 per cent a year. If this trend continues, this year's budget of $870.25 million could blow out to $945.1 million.

Details: Secret Harbor, WA: WA Labor, 2014. 11p.

Source: Internet Resource: WA Labor Discussion Paper: Accessed November 14, 2017 at: https://www.markmcgowan.com.au/files/Locking_in_Poverty.pdf

Year: 2014

Country: Australia

URL: https://www.markmcgowan.com.au/files/Locking_in_Poverty.pdf

Shelf Number: 148163

Keywords:
Aboriginal Persons
Criminal Debt
Criminal Fines
Fine Defaulters
Fines
Indigenous Peoples
Poverty