NCJ Number
157283
Date Published
1992
Length
86 pages
Annotation
The implementation of the victim fine surcharge provisions in the criminal courts in British Columbia, Canada was assessed with respect to geographical consistency and issues related to particular types of cases.
Abstract
Under Canada's criminal code, the surcharge is mandatorily imposed in addition to other punishments in criminal code cases, cases involving controlled drugs, and narcotics cases. Information was collected by means of a survey of criminal justice personnel and a review of records of 1,195 cases completed in 1990. Results revealed considerable variability in the frequency of imposition of the surcharge in British Columbia. This variability appears to be a microcosm of the variability from province to province in Canada. In addition, a significant number of judges find the mandatory provisions of the criminal code objectionable and have chosen not to impose them. Furthermore, the generally low frequency of imposition of the victim surcharge on nonfine dispositions appears typical of many jurisdictions in Canada. Issues central to the resistance to the victim surcharge include the lack of a designated victims' fund in British Columbia, problems in the current system of mixes surcharges, and inconsistency between the victim surcharge and the sentencing process. Six actions are recommended to address these problems. Tables and footnotes