Imprisonment to be reduced proportionate to amount of fine paid or community service performed
82 Imprisonment to be reduced proportionate to amount of fine paid or community service performed
Subject to subsection (3), if an original order is wholly reinstated under section 78(a), the period of the default imprisonment in relation to the fine mentioned in the order is the period calculated in accordance with the following formula—
In subsection (1)—AF (amount of fine) means the total amount of the fine under the order.AP (amount of penalty) means the total amount of the penalty under the order.DF (default fine) means the default imprisonment for failing to pay the whole of the fine mentioned in the order.DP (default penalty) means the default imprisonment for failing to pay the whole of the penalty mentioned in the order.
Example—Original order—
| AF | (Fine | $450.00 |
| (Costs of court | $50.00 | |
| $500.00 | ||
| Restitution | $500.00 | |
| AP | Penalty | $1,000.00 |
| DP | Default imprisonment | 10 weeks |
| DF | = | |
| = | ||
| = | 5 weeks |
Note:This is a hypothetical example only and should not be construed to imply any relevance of the values used.
Subsection (4) applies if—
the fine mentioned in the original order has been paid in part; or
the offender has performed part of the community service required to be performed by the relevant fine option order.
If this subsection applies, the period of default imprisonment is to be the period calculated in accordance with the following formula—
In subsection (4)—AF has the meaning given by subsection (2).DF has the meaning given by subsection (2) (and is calculated in accordance with subsection (1)).HCS (hours of community service) means the number of hours for which the offender is required to perform community service under the fine option order.HP (hours performed) means the number of hours for which community service has been performed by the offender under the fine option order.PDI (period of default imprisonment) means the period of the default imprisonment that still has to be served.PP (part payment) means the amount of the part of the fine that has been paid.
Example—If a fine has been converted to a fine option order for 90 hours (HCS) and the offender has paid $200.00 (PP) and performed 18 hours of community service (HP)—
| PDI | = | DF | – | |
| = | 5 | – | ||
| = | 5 | – | ||
| = | 5 | – | ||
| = | 5 | – | 3 | |
| = | 2 weeks |
Note:This is a hypothetical example only and should not be construed to imply any relevance of the values used.
If the original order requires the payment of restitution or compensation, the default imprisonment that relates to the nonpayment of the restitution or compensation is not affected by this section.
Subsection (1) does not apply so far as the original order makes provision for default imprisonment if the whole, or part, of the fine is not paid.
For the purpose of determining the results of any calculation made under this section, a part of any hour, day, week or month (a unit) is to be rounded to the nearest whole number and, in the case of a half of a unit, the unit is to be rounded up to the nearest whole number.
This Act’s bill:Explanatory memorandum
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