Fines on Individuals

AuthorSteve Coughlan/Alex Gorlewski
Pages350-355
350 Post-trial Matters / Special Post-conviction Procedures / Fines
4.2(b)(i) Fines on Individuals
Does the oence carry a
minimum fine?1
Yes
No
The court must impose at least
the minimum fine
Does the oence carry a
minimum term of imprisonment?
Yes
No
The accused has been given time to pay — has that time expired?5
No
The oender cannot be
imprisoned in default
Was the fine imposed in lieu
of a forfeiture order?2
Yes
The fine must
be equal to the
amount forfeited
Is the oender able to
pay or discharge the fine
contemplated?3
No
No Yes
The court
can impose
a fine in
addition to the
imprisonment4
The court can
impose a fine
in addition to
or in lieu of the
imprisonment4
Is the oender in default?6
The oender can be
imprisoned in default
The court
cannot impose
the fine
No
Yes
Are other mechanisms
for enforcing payment
appropriate?7
Does the oender have a
reasonable excuse?8
No
Yes
Yes
Yes
No

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