The use of the ‘court poor box’ under which those accused of offences including illegal parking can donate to charity to avoid a conviction has more than doubled in the last two years, according to figures from the Courts Service.
Under a system that has evolved over many decades, a judge in the District Court may order a defendant to place a nominated donation in the court poor box in lieu of conviction. The money is then given to a charity of the judge’s choice.
For the defendant the process avoids a conviction and a statutory fine which may result in difficulties with their insurance provider. Having availed of the court poor box the defendant emerges with their driving record unsullied by the particular case.
In 2020, the Courts Service recorded 13 instances of the court poor box being availed of in parking cases, by a total of nine drivers. The numbers imply some drivers got the benefit of the poor-box system more than once.
However, in 2021 the use of the court poor box more then doubled to 27 cases, involving 27 motorists.
Revenue from fines imposed by the courts for parking offences also rose over the two-year period with fines of €485,429.78 being imposed in 2020 and €551,692.20 in 2021. These funds go to the exchequer.
The Courts Service said the amount of revenue in fines represented a fraction of parking offences, as motorists were given several opportunities to pay fines before arriving in court.
Fixed-charge fines for parking offences can range from €40 to €150 and the motorist is initially given 28 days to pay. If the sum is not paid within 28 days, the motorist is given a second opportunity to pay, while the fine is increased by 50 per cent.
A motorist has a third opportunity to pay after court proceedings are initiated and a summons served.
With the prospect of use of the court poor box, a motorist then has a further opportunity to pay and avoid a conviction.
Insurance companies generally require to be told about convictions and may levy a motorist who has repeat parking convictions.
Criticism
The poor-box system has been criticised by road-safety groups, including the Road Safety Authority (RSA), which has particularly taken issue with its use in cases where a conviction would involve the imposition of penalty points.
In a judicial review hearing in February 2014, Mr Justice Gerard Hogan ruled that use of the poor box for penalty-point offences was specifically barred under the Road Traffic Act 2010.
Chairwoman of the RSA Liz O’Donnell subsequently said the use of the poor box in such cases was “undermining” road-safety measures.
The removal of the poor-box system has also been recommended by the Law Reform Commission and the Department of Justice.
The figures provided by the Courts Service for parking offences did not differentiate between the offences of parking where prohibited and “dangerous parking”.
Dangerous parking attracts three penalty points and a fixed-charge fine of €80. If not paid within 28 days, the fine increases to €120. If convicted in court, a motorist is liable for five penalty points and a fine of up to €2,500 for a first offence, and up to €4, 000 for a subsequent offence.
