Chapter 4
What circumstances might justify the use of civil pecuniary penalties?

4.1The arguments for including civil pecuniary penalty regimes in statutes have not always been well articulated. Also, some of the justifications that have been used have a more solid foundation than others. In this chapter we set out the generally espoused arguments that favour inclusion of a civil pecuniary penalty regime and we assess the validity of those arguments.

4.2To the extent that they have been articulated, the factors that may lead to the introduction of such a regime are:

4.3Below, we assess these justifications in turn.