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pay or jail

  • 26-05-2011 4:38pm
    #1
    jakdelad
    Closed Accounts Posts: 452 ✭✭


    an opinion sought

    under the constitution
    can you opt to take jail instead of paying the fine
    can you be forced to pay or do you have an alternative
    of going to prison


Comments

  • #2
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Prison is the default to non payment of fine, I think its a fair system as if you dont want to pay the fine, You can do the time.


  • #3
    vicwatson
    Registered Users, Registered Users 2 Posts: 28,404 ✭✭✭✭vicwatson


    Most of the time the penalties are "x fine and/or x months in jail"


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    the fines act 2010 is supposed to change this and make jail the last option.

    the state can recover fines same as civil debts (e.g. attachment of earnings, seizure of personal property, conversion into mortgages over houses) before jailing you.

    dont think it's been commenced yet though.


  • #5
    jakdelad
    Closed Accounts Posts: 452 ✭✭jakdelad


    vicwatson wrote: »
    Most of the time the penalties are "x fine and/or x months in jail"
    i have heard that if you refuse to pay , they can take it from your pay
    or benefits rather than the expense of sending you to prison
    is this an option the courts have, and do they need permission


  • #6
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    jakdelad wrote: »
    an opinion sought

    under the constitution
    can you opt to take jail instead of paying the fine
    can you be forced to pay or do you have an alternative
    of going to prison
    Where do you envisage the constitution being involved? (Except in the general "all law comes from the constitution" kind of way).


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  • #7
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    vicwatson wrote: »
    Most of the time the penalties are "x fine and/or x months in jail"

    That is what the Act defining the offence and setting out the maximum penalty says. When a fine only is imposed the Order will state, convict and fine X amount, ... Amt of time to pay, ... No. of days in default of payment. E.g Fine 300 euro, 1 month to pay, 5 days in default.
    If payment is not made in time the person is arrested and brought to jail to serve the defaut time, the fine is then written off.


  • #8
    gustafo
    Registered Users, Registered Users 2 Posts: 1,759 ✭✭✭gustafo


    Milk & Honey wrote: »
    That is what the Act defining the offence and setting out the maximum penalty says. When a fine only is imposed the Order will state, convict and fine X amount, ... Amt of time to pay, ... No. of days in default of payment. E.g Fine 300 euro, 1 month to pay, 5 days in default.
    If payment is not made in time the person is arrested and brought to jail to serve the defaut time, the fine is then written off.

    ya but nearly 100% of the time you will never serve the default time, usually only a few hours locked up and then left go that evening.


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