Appendix 2
Non-criminal penalties in other jurisdictions


Forms of non-criminal penalty are increasingly common in a number of countries, and many have a long-established presence. In this appendix we give a sense of how and where they are being used in overseas jurisdictions and of local responses to their use.

Court-imposed civil penalties of the kind reviewed in this Issues Paper are common in Australia, where their use is also expanding, and in the United States. In the United States, it is possible for many regulators to seek a penalty through the courts as an alternative to, or in addition to, imposing a penalty directly through administrative processes.

Court-imposed civil penalties are uncommon in England and Canada, where greater reliance is placed on discretionary penalties which are imposed directly by regulators, with formalised appeal and review processes to maintain a degree of fairness and impartiality.

Also, forms of civil penalty have been used in civil law jurisdictions for many years. As an example we describe their use in Germany.