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Does a Fine mean A Conviction?

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  • 04-09-2011 4:13pm
    #1
    Closed Accounts Posts: 60 ✭✭


    Pretty straight forward,does a fine ALWAYS mean a conviction and a criminal record,or is there alternatives?

    can someone who is receiving the benefit of the probation of offenders act also be fined?


Comments

  • Registered Users Posts: 191 ✭✭Scealta_saol


    Probation Act means no conviction as far as I'm aware. But a fine means a conviction. Unless your fine is to pay money to a charity. Normally then they'd say "pay €100 to SVP. We'll adjourn your case until the next sitting and if you provide a receipt we'll strike this case out". That way you'd have no conviction but you still would have received a fine.

    (As you can probably tell) I sit in court sometimes :)


  • Registered Users Posts: 78,404 ✭✭✭✭Victor


    Fixed Charge Notices / Fixed Penalty Notices / Standard Fares and the like tend not to be convictions either.


  • Closed Accounts Posts: 60 ✭✭Sarah316


    how does the fine/court poor box system work?

    can you pay on the day or do you have to return at a later date?


  • Registered Users Posts: 9,978 ✭✭✭445279.ie


    Sarah316 wrote: »
    how does the fine/court poor box system work?

    can you pay on the day or do you have to return at a later date?

    Depends on the Judge tbh. Some expect you to pay on the day but most adjourn the case for a few months to allow you time to pay.


  • Registered Users Posts: 25 nailatron


    about 11 years ago i was in court and ordered to pay a €100 fine.
    i asked the judge if this would affect my visa application for australia at the time and he said no i'd be fine. so do u think that means it wasn't a conviction?!? i cant remember if it was to a charity or not.

    im applying for a Data Protection Access Request tomorrow so i guess ill find out soon enough.


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  • Registered Users Posts: 25 nailatron


    also i paid it there on the day, i really hope it was the poor box!


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    nailatron wrote: »
    also i paid it there on the day, i really hope it was the poor box!

    If you paid on the day by handing it to the court clerk/garda it was poor box.


  • Registered Users Posts: 25 nailatron


    i really cant remember who i handed the money to. i just wanted to the get the hell out of there!! i think it may have been some clerk type woman alright.


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


    You can be convicted and fined.

    Fines can be given and the charge not recorded too whereas it would be taken care of under the probation act.


  • Registered Users Posts: 25 nailatron


    Got a letter for the garda saying they have no record of me having any convictions. Whoop.


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  • Registered Users Posts: 24 HappyBalance2


    http://www.irishtimes.com/newspaper/ireland/2011/1207/1224308683120.html

    Would this case mean fine = no conviction? It says in lieu of a sentence which probably means a fine doesnt always mean no conviction?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes: It's also known as the Poorbox.


  • Registered Users Posts: 24 HappyBalance2


    Tom Young wrote: »
    Yes: It's also known as the Poorbox.

    So these guys would have no convictions? It said in lieu of sentence not conviction in the article.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I'm not 100% about they case specifically. Fine in lieu of sentence may indicate a conviction but usually the vocabulary is fine & convict, x days to pay.

    I suspect that the detail you might want will be here: http://www.citizensinformation.ie/en/justice/criminal_law/criminal_trial/types_of_sentences.html


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    PS: Reading that report I'd say not.


  • Registered Users Posts: 1 Hubbledeep


    Reloc8 wrote: »
    If you paid on the day by handing it to the court clerk/garda it was poor box.


    hey, are you absolutely sure of that?
    I just rang dunl court there and they say my fine was a conviction because there was no sign of 'poor box' on the record but I did pay the fine to the court clerk?
    the guy on the phone didn't sound 100% certain.


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