QUESTION NO: 178
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Wednesday, 23rd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 447 of 30 April 2013, if he will provide, for each month of this year to date in 2013, the number of motorists appearing in court charged with offences under the Road Traffic Acts incurring penalty points who avoided convictions because they agreed to make a donation to the court poor box..
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In order to be of assistance to the Deputy, I have had enquiries made and the table below shows the number of defendants recorded on the Courts Service Criminal Case Tracking System (CCTS) who were before the court for offences under the Road Traffic Act incurring penalty points for each month of this year up to the end of August 2013 and the outcome of whose cases involved payments to the Court Poor Box. None of these people were convicted of the offenses.
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Wednesday, 23rd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 447 of 30 April 2013, if he will provide, for each month of this year to date in 2013, the number of motorists appearing in court charged with offences under the Road Traffic Acts incurring penalty points who avoided convictions because they agreed to make a donation to the court poor box..
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In order to be of assistance to the Deputy, I have had enquiries made and the table below shows the number of defendants recorded on the Courts Service Criminal Case Tracking System (CCTS) who were before the court for offences under the Road Traffic Act incurring penalty points for each month of this year up to the end of August 2013 and the outcome of whose cases involved payments to the Court Poor Box. None of these people were convicted of the offenses.
Month Number of Defendants
January 183
February 157
March 96
April 166
May 177
June 141
July 129
August 0
TOTAL 1,049
January 183
February 157
March 96
April 166
May 177
June 141
July 129
August 0
TOTAL 1,049
QUESTION NO: 179
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Wednesday, 23rd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 447 of 30 April 2013, if the proposed reform cited by him in his reply in relation to the replacement of the poor box in courts with a statutory reparation fund has yet been initiated..
- Thomas P. Broughan
REPLY.
Work is at an advanced stage in my Department on the General Scheme of a Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions, such as probation orders, and the role of the Probation Service in the criminal justice system. The Court Poor Box is also being examined in this context with a view to bringing forward proposals for a transparent statutory reparation scheme. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
QUESTION NO: 413
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN ANSWER on Tuesday, 22nd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 273 of 15 October 2013, if he will provide a breakdown of the courts in all of the districts managed by the Courts Service where motorists did not receive a conviction under the Road Traffic Acts because they instead agreed to make a donation to charity..
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In order to be of assistance to the Deputy, I have had enquiries made and the table below shows the number of defendants recorded on the Courts Service Criminal Case Tracking System (CCTS) who were before the court for offences under the Road Traffic Act and the outcome of whose cases involved payments to the Poor Box. None of these people were convicted of the offences.
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Wednesday, 23rd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 447 of 30 April 2013, if the proposed reform cited by him in his reply in relation to the replacement of the poor box in courts with a statutory reparation fund has yet been initiated..
- Thomas P. Broughan
REPLY.
Work is at an advanced stage in my Department on the General Scheme of a Bill to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions, such as probation orders, and the role of the Probation Service in the criminal justice system. The Court Poor Box is also being examined in this context with a view to bringing forward proposals for a transparent statutory reparation scheme. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.
QUESTION NO: 413
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN ANSWER on Tuesday, 22nd October, 2013.
* To ask the Minister for Justice and Equality further to Parliamentary Question No. 273 of 15 October 2013, if he will provide a breakdown of the courts in all of the districts managed by the Courts Service where motorists did not receive a conviction under the Road Traffic Acts because they instead agreed to make a donation to charity..
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
In order to be of assistance to the Deputy, I have had enquiries made and the table below shows the number of defendants recorded on the Courts Service Criminal Case Tracking System (CCTS) who were before the court for offences under the Road Traffic Act and the outcome of whose cases involved payments to the Poor Box. None of these people were convicted of the offences.
District Number Number of Defendants
1 - Donegal 102
2 - Sligo/Donegal/Leitrim 188
3 - Mayo 11
4 - Roscommom/Galway 39
5 - Cavan/Monaghan 163
6 - Drogheda/Dundalk 33
7 - Galway 5
8 - Tipperary 4
9 - Westmeath/Longford 170
10 - Meath/Louth 6
11 - Clare 103
12 - Limerick 365
13 - Laois/Offaly 44
14 - Kerry 104
15 - West Cork 167
16 - Cork City 1
17 - North/East Cork 217
18 - South Tipperary/West Waterford 106
19 - Carlow/Kilkenny 37
20 - Wexford 2
21 - Waterford City 67
22 - Kildare 3
23 - Dublin Metropolitan District 899
TOTAL 2836
1 - Donegal 102
2 - Sligo/Donegal/Leitrim 188
3 - Mayo 11
4 - Roscommom/Galway 39
5 - Cavan/Monaghan 163
6 - Drogheda/Dundalk 33
7 - Galway 5
8 - Tipperary 4
9 - Westmeath/Longford 170
10 - Meath/Louth 6
11 - Clare 103
12 - Limerick 365
13 - Laois/Offaly 44
14 - Kerry 104
15 - West Cork 167
16 - Cork City 1
17 - North/East Cork 217
18 - South Tipperary/West Waterford 106
19 - Carlow/Kilkenny 37
20 - Wexford 2
21 - Waterford City 67
22 - Kildare 3
23 - Dublin Metropolitan District 899
TOTAL 2836
QUESTION NO: 704
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Tuesday, 11th June, 2013.
* To ask the Minister for Justice and Equality if he will provide in tabular form the number of fixed penalty notices that were issued by members of An Garda Síochána to motorists in the years 2011, 2012 and to date in 2013 in County Donegal; if he will provide a breakdown of the various road traffic offences for which these notices were issued; the number of motorists convicted in court following the issue of a fixed penalty notice during this period in County Donegal; and if he will provide a breakdown of these offences which did not result in a conviction in court; and the number of motorists who were not convicted in court but who instead made a donation to charity..
- Thomas P. Broughan
REPLY.
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
QUESTION NO: 447
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN ANSWER on Tuesday, 30th April, 2013.
* To ask the Minister for Justice and Equality if a motorist attends court after an alleged offence under section 63 of the 2010 Road Traffic Act and who donates to a named charity in substitution of receiving penalty points if there is then any requirement for the details of the motoring offence to be forwarded to the National Vehicle Driver File; if he has any statistics on the number of drivers who are summoned to court on penalty points offences that have avoided receiving points by agreeing to give a donation to charity; and if he will make a statement on the matter.
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
However, in order to be of assistance to the Deputy I have had enquiries made and I am informed that the position is that where a person is convicted of an offence which incurs penalty points, the award of penalty points is automatic under the legislation and the court has no discretion in the matter. However, convictions are not incurred by persons who are required by the court to make a payment to the poor box.
The Deputy has referred to section 63 of the Road Traffic Act 2010 but an offence under that section does not attract penalty points. The table below shows the number of defendants who were before the court in 2012 and to date this year for offences that incur penalty points in which the outcome involved a payment to the poor box. These cases were either dismissed or struck out.
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN on Tuesday, 11th June, 2013.
* To ask the Minister for Justice and Equality if he will provide in tabular form the number of fixed penalty notices that were issued by members of An Garda Síochána to motorists in the years 2011, 2012 and to date in 2013 in County Donegal; if he will provide a breakdown of the various road traffic offences for which these notices were issued; the number of motorists convicted in court following the issue of a fixed penalty notice during this period in County Donegal; and if he will provide a breakdown of these offences which did not result in a conviction in court; and the number of motorists who were not convicted in court but who instead made a donation to charity..
- Thomas P. Broughan
REPLY.
I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
QUESTION NO: 447
DÁIL QUESTION addressed to the Minister for Justice and Equality (Mr. Shatter)
by Deputy Thomas P. Broughan
for WRITTEN ANSWER on Tuesday, 30th April, 2013.
* To ask the Minister for Justice and Equality if a motorist attends court after an alleged offence under section 63 of the 2010 Road Traffic Act and who donates to a named charity in substitution of receiving penalty points if there is then any requirement for the details of the motoring offence to be forwarded to the National Vehicle Driver File; if he has any statistics on the number of drivers who are summoned to court on penalty points offences that have avoided receiving points by agreeing to give a donation to charity; and if he will make a statement on the matter.
- Thomas P. Broughan
REPLY.
The court poor box is a non-statutory system used mostly by the District Courts to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are subject to audit by the Comptroller and Auditor General. Generally, charities are the recipients of poor box contributions but the decision is solely at the discretion of the Judge who is independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.
However, in order to be of assistance to the Deputy I have had enquiries made and I am informed that the position is that where a person is convicted of an offence which incurs penalty points, the award of penalty points is automatic under the legislation and the court has no discretion in the matter. However, convictions are not incurred by persons who are required by the court to make a payment to the poor box.
The Deputy has referred to section 63 of the Road Traffic Act 2010 but an offence under that section does not attract penalty points. The table below shows the number of defendants who were before the court in 2012 and to date this year for offences that incur penalty points in which the outcome involved a payment to the poor box. These cases were either dismissed or struck out.
Year Number of Defendants
2013 (Jan-Mar) 437
2012 1,255
2013 (Jan-Mar) 437
2012 1,255
In 2005, the Law Reform Commission examined the matter in its report entitled The Court Poor Box: Probation of Offenders (LRC 75-2005). The Commission recognised both the negative and positive aspects of the court use of the poor box and accordingly recommended that the court poor box be replaced by a statutory reparation fund. A key element of the LRC recommendation was that the reparation fund should be ringfenced and used to assist programmes aimed at preventing offending behaviour and for the purpose of assisting victims of crime. The Commission was of the view that the reparation fund should remain linked to the criminal justice process and thus broadly adhere to the principles of restorative justice. I intend to bring forward legislation in due course to replace the Probation of Offenders Act 1907 with modern provisions dealing with community sanctions and the role of the Probation Service in the criminal justice system. In the context of that legislation, the recommendations of the Law Reform Commission in relation to the court poor box are being examined by my Department with a view to bringing forward proposals for a transparent statutory reparation scheme.
