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.