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International Journal for Crime, Justice and Social Democracy Queensland University of Technology 2202-8005 The International Journal for Crime, Justice and Social Democracy is an open access, blind peer-reviewed journal that publishes critical research about challenges confronting criminal justice systems around the world.  The Journal is committed to democratising quality knowledge production and dissemination. Authors retain copyright and articles are licenced via Creative Commons to make published articles more readily available and useable. There are no APCs (Article Processing Charges). Authors can submit and publish at no cost.
International Journal for Crime, Justice and Social Democracy 7 3

The Hidden Punitiveness of Fines


The fine is the most common penalty imposed by courts of summary jurisdiction in Australia, and fines imposed by way of penalty notice or infringement notice are a multiple of those imposed by the courts. The latter are being used for an increasing range of offences. This progressive ‘monetization of justice’ (O’Malley) and its effects have passed largely unnoticed. The enforcement of fines has, in most parts of Australia, been passed from the justice system to government revenue agencies with barely any public scrutiny or academic analysis. Sentencing councils, law reform commissions and audit and ombudsman offices have completed inquiries on fines, some of them wide-ranging and highly critical of existing arrangements. Yet, these inquiries arouse little public or media interest and, partly in consequence, there has been little political will to tackle fundamental problems as distinct from tinkering at the margins. After surveying the theoretical literature on the role of the fine, this paper considers the neglected question of fines enforcement. We present three case studies from different Australian jurisdictions to highlight issues associated with different models of enforcement. We show that fines enforcement produces very real, but often hidden, hardships for the most vulnerable. Despite its familiarity and apparent simplicity and transparency, the fine is a mode of punishment that hides complex penal and social realities and effects.



Creative Commons License
Except where otherwise noted, content in this journal is licensed under a Creative Commons Attribution 4.0 International License.
Pages:9 to 40
Section: Articles
5 citation(s) in Scopus
5 citation(s) in Web of Science


Total Abstract Views: 2127  Total PDF Downloads: 2261

Author Biographies

Julia Quilter is an Associate Professor and member of the Legal Intersections Research Centre, School of Law, University of Wollongong, Australia. Her research focuses on criminal law and criminal justice issues, including alcohol-related violence, one punch laws, public order, homelessness, fines & sexual violence.

Queensland University of Technology
Australia Australia

Professor Russell Hogg has published widely in the areas of criminology and criminal justice studies, including Policing the Rural Crisis (Federation Press, 2006, co-authored with Kerry Carrington) and Critical Criminology: Issues, Debates, Challenges (Willan, 2002, co-edited with Kerry Carrington). He is also co-editor of a forthcoming collection of essays on crime in rural Australia.