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Are fines criminogenic? The impact of fines on re-offending in NSW local courts

Are fines criminogenic? The impact of fines on re-offending in NSW local courts. David Tait Justice Research Group University of Western Sydney With Alice Richardson University of Canberra. Acknowledgements. BOCSAR Criminology Research Council Colleagues on NSW Sentencing Council.

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Are fines criminogenic? The impact of fines on re-offending in NSW local courts

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  1. Are fines criminogenic? The impact of fines on re-offending in NSW local courts David Tait Justice Research Group University of Western Sydney With Alice Richardson University of Canberra

  2. Acknowledgements • BOCSAR • Criminology Research Council • Colleagues on NSW Sentencing Council

  3. Issues at stake • Finding sanctions or treatments that reduce overall cost to society • Success of different forms of sanction-time, money, liberty, threat and deferral

  4. A confession • Interest in suspended sentences • Glittering promise of day fines, tax system to collect fines • Then examined the data………

  5. Why fines? • Low cost to government • Minimises contact with CJS • Universal medium of exchange • May be homologous with offence type

  6. Propensity matching • Used all magistrates with more than 200 cases per year, all local courts 2001-2009 • Population not sample • Matching variables- offence type, priors, counts, bail status, age (priors, count and age log transformed) • Offender, magistrate, court and area characteristics used

  7. Variables used • Area • Disadvantage • Sydney/rest of state • Court • Recidivism level • Magistrate • Severity – higher than expected use of detention • Violent crime as % of case mix

  8. Comparisons • Suspended sentences vs prison • Suspended vs other sanctions • Fines vs other sanctions

  9. Prison vs suspended sentences Matched offenders

  10. Fines vs other sanctionsMatched offenders

  11. Prison vs fines for Indigenous and non-indigenous offenders

  12. Area, court and magistrate characteristics

  13. Possible explanations • Fines contribute to overall debt levels and family stress • Fines one part of chain of sanctions on sentencing ‘career’, they accumulate • Prisoners on release often have fine debt remaining • Non-payment results in penalty escalation, sometimes through loss of driver’s licence, followed by driving while disqualified conviction • No rehabilitative services provided

  14. Data needs to explore issue further • Fine payments and debts linked to offender records • Fine debt levels for offenders starting and finishing prison or community corrections orders • Reason for licence suspension recorded

  15. Possible solutions • Fine forgiveness for prisoners – ‘earned’ through participation in programs? • Fine discharge through participation in community treatment (anger management, drug therapies, money management) • Fine conversion through ‘concurrent hours’ in community service orders already made for other offences • Stop link between non-payment of fines and car licences

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