section 734.7(4)

INTRODUCTION AND BRIEF DESCRIPTION

If an offender is imprisoned for failing to pay a fine, the provisions for early release and payment schedules do not apply to that fine.

SECTION WORDING

734.7(4) The imprisonment of an offender for default of payment of a fine terminates the operation of sections 734.5 and 734.6 in relation to that fine.

EXPLANATION

Section 734.7(4) of the Criminal Code of Canada deals with the issue of default of payment of fines imposed as a punishment for criminal offenses. In Canada, imposition of fines is a common form of punishment for many minor criminal offenses, and individuals are required to pay the fines within a specified time period. Failure to do so may result in imprisonment as a consequence of default of payment. However, section 734.7(4) provides a way out for individuals who are unable to pay their fines. This provision states that if an offender is imprisoned for default of payment of a fine, then sections 734.5 and 734.6 of the Criminal Code of Canada are terminated in relation to that fine. This means that the offender's imprisonment cancels out the unpaid fine, and they are no longer obligated to pay it. Sections 734.5 and 734.6 of the Criminal Code of Canada deal with the issue of fine payment and enforcement, and they outline the various steps that can be taken to ensure that an imposed fine is paid. These include issuing a warrant for the seizure of property or income, the imposition of an additional fine for non-payment, and community service orders, among others. In summary, Section 734.7(4) provides a safety net for individuals who are unable to pay imposed fines by allowing them to serve a period of imprisonment in lieu of payment, which cancels out the unpaid fine and terminates further enforcement procedures.

COMMENTARY

Section 734.7(4) of the Criminal Code of Canada is an important provision that outlines the consequences of defaulting on a fine imposed as part of a criminal sentence. The provision is designed to ensure that offenders do not avoid paying fines and other financial obligations imposed by the court. Under the Criminal Code, offenders may be required to pay fines as part of their sentence for a wide range of criminal offenses. These fines are intended to serve as a form of punishment and may also help to compensate victims of the offense. However, if an offender fails to pay the fine, they may face additional penalties, including imprisonment. Section 734.7(4) specifies that if an offender is imprisoned for defaulting on a fine, the provisions of sections 734.5 and 734.6 are no longer applicable to that fine. Sections 734.5 and 734.6 address the issue of time served for fines and provide for a reduction in the amount of time an offender must serve in custody for a defaulting fine. In other words, if an offender is imprisoned for failing to pay a fine, they cannot use the provisions of sections 734.5 and 734.6 to reduce their time served. This provision has significant implications for offenders who default on fines. If an offender goes to jail for non-payment of a fine, they do not receive credit for time served against that fine. This means that they would still be required to pay the full amount of the fine upon release from custody, in addition to any other penalties or restitution orders imposed as part of their sentence. The purpose of this provision is to create a strong incentive for offenders to pay their fines and other financial obligations. If offenders know that they will not receive credit for time served on a defaulting fine, they are more likely to make arrangements to pay the fine in full. This can help to ensure that justice is served, victims are compensated, and the administration of justice is not impeded by offenders who refuse to pay their fines. While some critics may argue that criminalizing the non-payment of fines is overly punitive, the reality is that fines are an important part of the criminal justice system. Fines are often a more appropriate form of punishment than imprisonment or other forms of sanction, particularly for less serious offenses. However, fines must be enforced to be effective, and Section 734.7(4) helps to ensure that fines are taken seriously by offenders. In conclusion, Section 734.7(4) of the Criminal Code of Canada is an important provision that ensures the effective enforcement of fines as part of criminal sentences. By removing the possibility of reducing time served on defaulting fines, this provision creates a strong incentive for offenders to make arrangements to pay their financial obligations in full. This helps to ensure that victims are compensated, justice is served, and the administration of justice is not impeded by offenders who refuse to pay their fines.

STRATEGY

Section 734.7(4) of the Criminal Code of Canada clarifies that if an offender is imprisoned for default of payment of a fine, then the operation of sections 734.5 and 734.6 related to the payment of fine is terminated. Section 734.5 sets out the procedures for imposing a fine, whereas section 734.6 outlines the consequences of non-payment of the fine. Both of these sections are critical in determining the nature and severity of punishment for the criminal offense committed. Strategic Considerations: 1. Assess the likelihood of non-payment: It is important to assess the willingness and ability of the offender to pay the fine. In some cases, the offender might not have the means to pay the fine, which could lead to imprisonment for non-payment. If there is significant doubt regarding the ability of the offender to pay, it may be prudent to consider alternative options to imprisonment. 2. Collateral consequences: While the offender is imprisoned for default of payment of a fine, they may face a range of collateral consequences that could exacerbate the situation. For instance, they may lose their job, experience mental health issues, and could lose their accommodation. These consequences may make it harder for the offender to pay the fine, even if they are released from prison. In addition, the collateral consequences could also impact the offender's family and friends. 3. The impact on the community: When an offender is imprisoned for default of payment of a fine, it is highly likely that it will have a negative impact on the offender's community. This could impact the community's trust in the criminal justice system. As such, it would be essential to consider alternative options that promote accountability and deterrence while minimizing negative externalities. Strategies: 1. Deferring payment: One possible strategy for dealing with section 734.7(4) could be to allow for deferred payment of the fine. For example, the offender could be allowed to pay the fine on a payment plan, which would allow them to pay the fine over a more extended period. This would reduce the risk of imprisonment for default of payment of a fine, and also give the offender a realistic chance to pay off the fine. 2. Alternative Sentences: Another strategy is the use of alternative sentences. Alternative sentences could be a good option for offenders who cannot pay the fine. Alternative sentences could consist of community service, intensive supervision, or treatment programs. By opting for alternative sentences, the offender's contribution to the community would be restored without losing their employment or accommodation. 3. Sentencing reform: A comprehensive review of the Criminal Code and sentencing practices could be necessary to address the problems related to section 734.7(4). The review could examine the feasibility of various alternatives to imprisonment and explore ways to make fines more reasonable, equitable, and accessible to offenders. The Criminal Code of Canada's regulations regarding the payment of fines are critical in administering justice in the Criminal Justice System. Section 734.7(4) is particularly essential in that it sets out the conditions under which imprisonment for default of payment of a fine is terminated, signalling the importance of these considerations. As such, creating alternative sentencing options, incorporating deferral payment plans and reviewing sentencing policies could lead to a more efficient and just system.