The director of the Kerry Rape and Sexual Abuse Centre has called on Minister for Justice Frances Fitzgerald to ensure that money collected through the court poor box system goes to victims of crime, or to courthouse facilities for the victims of crime.
Vera O’Leary was speaking in the wake of the release of figures showing that the vast bulk of the almost €900,000 contributed by minor offenders in Kerry went to African and other international charities last year.
Ms O’Leary, whose support organisation got just €200, said she was a firm believer that “charity begins at home”.
Victim assistance organisations worked directly with the victims of crime and money from the court poor box in Kerry could be used to do up a room and provide much needed facilities for victims in the court house in Tralee, Ms O’Leary suggested.
In 2005, the Law Reform Commission recommended reform of the court poor box, this was being carried out by former minister for justice Alan Shatter and she was urging the current Minister to put the poor box on a statutory basis and insure the money went to victims.
Nationally, of 40 court offices, Kerry contributed almost half the €2.18 million paid by offenders into the court poor box in 2014, according to figures compiled by the Courts Service. The payments are overwhelmingly at District Court level and are mainly contributed in lieu of conviction for first-time and for minor offences.
A total of 800 charities benefited in 2014. Overseas charities received the biggest single amounts, mainly thanks to the direction by the Kerry Judge James O’Connor. Offenders in Kerry contributed a staggering €883,527.
Use of the poor box has no statutory basis, but it dates to the foundation of the State, and may have a basis in Brehon Law.
It is at the discretion of individual judges and sums and whether to accept a contribution in the first place varies greatly from district to district. But it is almost always used for minor offences and particularly in public order offences and where the person is young and has no previous convictions.
Local organisations in Kerry did poorly from the court poor box moneys donated by offenders in Kerry, in comparison to charities concerned with African and overseas aid.
In total, the international charities received at least €700,000 of the €883,527 contributed to the poor box in Kerry.
Sightsavers International received €120,000 from Kerry minor offenders; The Christian Blind Mission got €120,000, Ethiopia Aid €90,000; Bóthar got €35,000; Action Aid Ireland received €38,000; Vita €32,000; Gorta got €31,500 ; Plan got €20,000; Trócaire received €20,000 and Unicef Ireland a further €20,000; Breadline Africa received €10,000; Self-Help Africa got €3,000; Oxfam Ireland got €40,559; and Concern €11,000; Foundation Nepal got €5,000; Self-Help Africa got €3,000; The Lubwe Mission Medical Project got €12,000; and the Irish Red Cross received €33,800.
In contrast, The Alzheimer Society in Tralee got just €250; The Kerry Rape and Sexual Abuse Centre which has publicly called for funds from the poor box got just €200. The St Vincent de Paul in Dingle got €250.
Statement
The Courts Service has said: “The practice of courts directing that money be paid into a court poor box in lieu of or in conjunction with another penalty is a practice which predates the foundation of the State. The practice appears to go back in history and stem from judges’ jurisdiction at common law to exercise discretion in imposing a penalty, if any, and/or imposing other conditions, ie donations to the poor box or to a particular charity.
“It is predominantly used by the District Courts who deal with criminal offences of a less serious nature than other jurisdictions. The individual amounts can vary substantially depending on ability to pay, other penalties imposed and the nature of the offences.
“The option of paying into the court poor box arises usually where the offence is minor in nature and would not attract a custodial sentence. Public order offences are the most common offences for which the poor box option is given to defendants. These include breaches of the peace, intoxication or disorderly conduct in a public place, threatening, abusive or insulting behaviour in a public place or failing to comply with a direction from An Garda Síochána. It is sometimes used for road traffic offences, first time, minor drug offences and offences against property or animals.
When combined with the Probation of Offenders Act it provides an option where some financial penalty is considered merited but a conviction and fine are not.
“ It can sometimes be a more meaningful punishment than the maximum fine where the value of a maximum fine may have been eroded by inflation.”