The power to disburse contributions to court poor boxes should be passed to the Government, according to a Law Reform Commission consultation paper published today.
The Commission today said the poor box should be replaced by a "court charity fund [which] reflects the general principles of restorative justice."
Proposing wide changes to overhaul the informal nature of the system, the Commission says the system should be put on a statutory basis, which overcomes the disadvantages of the system while retaining its positive aspects.
The poor box is used most often in the District Court and is typically operates in cases involving minor criminality such as public order offences and careless driving.
Although contributions are rarely more than €1,000, there have been instances of up to €40,000 being paid, and contributions have increased in recent years, topping €1 million in the past two years.
The use of the poor box is at a judge's discretion - which means the option of making a contribution as an alternative to getting a conviction is not available to all offenders. Contributions are also used by some judges as a mitigating factor in sentencing.
The Commission paper commends the principle of contributions being made to charities linked to the crime committed - for example, a charge of cruelty to animals might result in a payment to the ISPCA.
It also expresses concern about a perception that the system allows the wealthy "to buy their way out of a conviction". "The Commission does not accept that this is the case, but nevertheless believes that such negative public perception is damaging to the administration of justice".
The paper - to be unveiled by the Attorney General, Mr Rory Brady, tonight - proposes a ceiling of €6,350 for contributions in the District Court and €38,100 in the Circuit Court.
The paper suggests that by regularising the system through legislation the fund could be managed by the Department of Community, Rural and Gaeltacht Affairs - which is responsible for charities.
The Commission welcomes contributions on or before August 31st, 2004, before finalising its report.
Among other issues the Commission addresses in the paper is judgment mortgages. It proposes giving more protection to family homes against seizure by a creditor when a debt is contested. The Commission also recommends homes seizures should only be allowed by specific court orders following a judgment mortgage.
In relation to the proposed establishment of a DNA database, the Commission recommends limits to its use. It advocates its use for criminal investigations but says protection of human rights must be considered.