Fines on Individuals

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 350-355

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