Fines & Penalty Units (NT)
Fines & Penalty Units (NT)
Northern Territory courts may impose a range of different sentencing orders when a person is found guilty of a criminal offence. These sentencing options are set out in the Sentencing Act 1995 and the Youth Justice Act 2005. Under both acts, a court may impose a fine of no more than the maximum number of penalty units specified for the offence. This article deals with court-imposed fines in the NT.
When are fines imposed?
Fines are most often imposed by courts in relation to driving offences and other summary offences such as trespass and disorderly behaviour in public. They can also be imposed in relation to more serious offences such as assault, when the circumstances of the offence and of the offender make this appropriate and where no mandatory sentence of imprisonment applies.
Penalty units
A fine is imposed in the form of a specified number of penalty units. A penalty unit is a dollar amount that changes every financial year, based on the Consumer Price Index (CPI). Criminal legislation in the NT specifies how many penalty units a person can be fined for an offence. For example, the offence of driving while disqualified carries a maximum fine of 20 penalty units.
Fines Recovery Unit
When the court sentences a person to a fine, they must pay the amount to the Fines Recovery Unit (FRU). This can be done online, by mail or in person at the FRU or at any court. A fine must be paid within 28 days of being imposed.
If a person is experiencing financial hardship and can demonstrate this (for example, with evidence that they are a Centrelink recipient), they may be allowed to pay in instalments by having a certain amount deducted from their Centrelink payment each fortnight.
Fines in the Youth Justice Court
When a young person is sentenced for offences in the Youth Justice Court, they may be given a fine if they have the means to pay it. A young person of 16 or 17 who is in paid work, for example, may be ordered to pay a fine, whereas a young person of the same age who is still in school would more likely be given some other type of penalty.
Fines are imposed in the Youth Justice Court under section 83 of the Youth Justice Act 2005.
Fines in the adult courts
When an adult is sentenced to a financial penalty in the Northern Territory, the fine is imposed under section 16 of the Sentencing Act 1995.
When an offence carries a maximum sentence of imprisonment, the maximum financial penalty that can be handed down is 100 penalty units multiplied by the number of years (or fraction of a year) of imprisonment that applies. For example, if the maximum penalty is one year imprisonment, the maximum fine is 100 penalty units.
If the offence does not carry a penalty of imprisonment, the maximum financial penalty is the amount specified and if no amount is specified, 20 penalty units.
When a body corporate is penalised, the maximum financial penalty to be imposed is five times the maximum amount specified for an individual.
What court must consider
The court must consider the offender’s financial circumstances and how much of a burden a fine would represent. When imposing a fine, the court must take into account any other orders it will be making, including any restitution or compensation order. If an offender lacks the means to pay both a fine and a restitution or compensation order, the court must prioritise the restitution or compensation order.
Commitment in default
When a court imposes a fine, it may order that the person be imprisoned if it is not paid within 28 days. A person may be imprisoned for non-payment of a penalty for a period of between one day and three months.
Financial hardship
When a person is found guilty of offences under circumstances where financial hardship was a major contributing factor, the defence can make a strong case that a fine should not be imposed. For example, where criminal charges result from a domestic argument about money, it may be more appropriate to deal with the offender by way of a non-financial penalty.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Suspended Sentences (ACT) Many states and territories have suspended sentences as a sentencing option. This is a term of imprisonment where the offender is allowed to remain living in the community and does not have to go to prison unless they breach the conditions of the order. This page deals ....
Posted in:
Sentencing
Forfeiture Orders in Tasmania Forfeiture rules reflect the public policy that a person should not financially benefit from their crimes. For example, a court can make a forfeiture order so that a convicted murderer cannot benefit from publishing a “tell-all” about their crime. This has been a common law principle ....
Posted in:
Sentencing
When an offender pleads guilty or is found guilty of a crime, he or she will proceed to be sentenced by the court. If the court imposes a term of imprisonment, it may choose to suspend that term either wholly or partially. When a term of imprisonment is suspended, the ....
Posted in:
Sentencing
Adult Crime, Adult Time (Qld) In 2024, the Queensland government passed sweeping changes to the way young offenders are sentenced. These included abolishing the principle that a sentence of detention may only be imposed as a last resort, and introducing adult prison sentences for young people found guilty of 13 ....
Posted in:
Sentencing
Criminal Responsibility (NT) Under the Northern Territory Criminal Code Act 1983, there are a number of ways that a person can be found guilty of an offence even when they did not commit the physical acts that make up the offence. A person has criminal responsibility for criminal acts that ....
Posted in:
Sentencing
Sentencing Assessment Reports in the Local Court (NSW)
Sentencing Assessment Reports in the Local Court (NSW) A Sentencing Assessment Report (SAR) is used to assist a court to determine the appropriate sentencing orders to impose on a defendant. Sentencing Assessment Reports are prepared in response to an order by the court for an SAR to be prepared. Such ....
Posted in:
Sentencing
Assistance to Authorities (NSW)
Assistance to Authorities (NSW) When a person who is suspected of involvement in criminal offending renders assistance to the authorities, this may be recognised if they are subsequently found guilty of and sentenced for an offence. This page deals with assistance to authorities in the sentencing process in New South ....
Posted in:
Sentencing
Youth Detention (ACT) The ACT’s youth detention centre is Bimberi Youth Justice Centre. It houses children and young people between the ages of 10 and 21, who have been remanded or sentenced to detention. The centre is operated by the Department of Community Services, which has produced a Charter of ....
Posted in:
Sentencing
Sentencing Purposes: Just Punishment
Sentencing Purposes: Just Punishment When courts sentence offenders, they consider the principles set out under Section 5 of the Sentencing Act 1991. These matters are broadly known as “sentencing purposes”. One of those sentencing purposes is just punishment. A sentence imposed for the purpose of just punishment aims to punish ....
Posted in:
Sentencing
Concurrent and Consecutive Sentences (ACT)
Concurrent and Consecutive Sentences (ACT) The criminal courts often sentence offenders for more than one criminal matter at the same time. This may be because more than one offence was committed on the same occasion or because offences committed on different occasions are being finalised together. When this occurs, the ....
Posted in:
Penalties
Sentencing
Serious Offenders (Vic) The Serious Offenders Act 2018 provides a framework for dealing with serious offenders who have served custodial sentences in Victoria and who continue to pose an unacceptable risk to the community upon completing their sentence. The act allows the Supreme Court to order such offenders to be ....
Posted in:
Sentencing
The Queensland Mental Health Court was set up under the Mental Health Act 2000. Its role is to decide the state of mind of certain persons who have been charged with criminal offences, to hear appeals from the Mental Health Review Tribunal and inquire into the lawfulness of patients’ detention in mental health ....
Posted in:
Sentencing