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Monitoring the Operation of the N.S.W. (New South Wales) Fine Default Scheme, 1988-1989

NCJ Number
149758
Author(s)
K Miller; A Gorta
Date Published
1990
Length
83 pages
Annotation
This report presents the findings of five studies that monitored the operation of the New South Wales Community Service Order (fine default) legislation during the first 2 years of its operation (1988-89) and offers recommendations based on the findings.
Abstract
The major finding is that the fine default scheme is a useful noncustodial alternative for some offenders who either cannot afford to pay or do not wish to pay their fines. It is not the answer for all fine defaulters, however. A substantial proportion of offenders who were fined did not pay their fines, and the majority of those who did not pay their fines also failed to register to do a community service (fine default) order. Even those fine defaulters who did register with the Probation and Parole Service to do community work did not participate regularly. Other conclusions from the studies are that not all fine defaulters are suitable for community service work; the fine default scheme has kept some but not all fine defaulters out of jail; some offenders are still being jailed in default of traffic fines; and some people have chosen to perform community service rather than pay their fine. Further, the fine default scheme does provide benefits for both the offenders and the community, but it has not apparently been an effective deterrent, since the process takes so long. The scheme has had difficulty in communication among the courts, the police, and the corrective services. Recommendations address the low rate of registration for community service, the identification of fine defaulters suitable for community service, administrative difficulties, and resources. 13 references and appended supplementary information

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