Where the penalty for an offence is likely to be the imposition of a fine or other pecuniary sum, the duty solicitor must take instructions in relation to the defendant’s ability to pay. The Court should consider any evidence provided by the duty solicitor in relation to the defendant’s means [see Sentencing Act 2017 (SA) ss 120(2) and 120(3)]. The definition of a pecuniary sum includes fines, compensation, sums payable under bonds, costs and the victims of crime levy [see Sentencing Act 2017 (SA) s 5 for interpretation]. For all orders requiring the payment of a pecuniary sum (except the victims of crime levy) the Court must first be satisfied that the means of the defendant are such that they are able to comply with the order and such compliance would not unduly prejudice the welfare of dependants [see ss 120(1)(a) and 120(1)(b)]. The Court could order the payment of a lesser amount where the means of the defendant are inadequate or there would be prejudice to any dependants [see s 120(1)].

in the event the court orders payment of a pecuniary sum, and that sum is not paid or otherwise dealt with, the debtor may face enforcement proceedings by the Fines Enforcement and Recovery Unit. The Chief Recovery Officer of that Unit has a number of enforcement options available to deal with a pecuniary debt - see Fines Enforcement and Debt Recovery Act 2017 (SA) Part 7, Division 1.