Law and Rights
- Criminal Courts Charge Disappears On Christmas Eve ..... Government Reviewing Financial Orders
UPDATE 29th January 2016 - Report of Joint Committee on Statutory Instruments raising question over how the charge was removed Details of the Criminal Courts Charge are in this post of 30th July 2015. In a speech to the Magistrates' Association,...
- Criminal Courts Charge - Justice Committee Report
The House of Commons Justice Committee has expressed grave misgivings about whether the Criminal Courts Charge is compatible with the principles of justice - READ THE REPORT. The levels of the charge are criticised as grossly disproportionate to...
- A Case Of Begging ~ Criminal Court Charge ~ Speech By Lady Hale
Steffan Rowland Thomas - aged 19 - was seen by a PCSO sitting in the doorway of an empty shop in Swansea. He was asking passers-by for money. The matter came before Swansea Magistrates' Court where Thomas entered a guilty plea. The...
- Magistrates Under Attack !
"The Secret Barrister" makes out a case for the abolition of "lay magistrates" - Why this 70p Mars Bar shows we should abolish magistrates In this post I offer brief comment only. The author points to the case of Louisa Sewell: Thursday August 6th...
- Criminal Court Charges
On 13th April, the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 enter into force. They are well explained in this article in the Law Society Gazette 27th March. Suspects pleading not guilty in the Crown court will risk...
Law and Rights
Criminal Courts Charge
The Criminal Justice and Courts Act 2015 section 54 introduced the Criminal Courts Charge. Section 54 came into force on 13th April 2015 and, on the same date, the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 came into force.
There are certain situations where the charge may NOT be imposed (see Regulation 2) such as where the court deals with an offence by way of an absolute discharge. However, in most situations a charge must be imposed. The Regulations do not provide for any discretion on the part of the judge or magistrates and there is no means test applicable to this charge. Consequently, some defendants on minimal means will have the charge imposed.
A few examples will illustrate the charge that must be imposed in the Magistrates' Courts:
Albert pleads guilty to careless driving (a Summary Offence) - charge is £150
Barry pleads not guilty to careless driving but is convicted - charge is £520
Charles pleads guilty to theft (an either-way offence) - charge is £180
David pleads not guilty to theft - charge is £1000
These fees are on top of any other financial orders such as compensation, fines, surcharge (so-called "victim's surcharge"), costs.
The legislation contains a power for the magistrates to REMIT the charge (e.g. if the court is satisfied that the person has taken all reasonable steps to pay it, having regard to the person's personal circumstances) BUT there may be no remission until a period of time has elapsed (2 years if the person liable has applied to the court to remit the charge and, in any other case, 12 months).
There is reason to believe that the courts charge is pressuring some defendants to plead guilty even in cases where they may be not guilty factually or may have a legal defence. Furthermore, a number of Magistrates have recently resigned from the bench citing the lack of justice inherent in this charge as a reason - The Times 25th July 2015 (£)
The legislation contains provision for interest on the charge if or to the extent that it remains unpaid.
Ministry of Justice Fact sheet
Law Society Gazette - Society outrage at 'back door' criminal court fees - the Law Society President described the charges as ?outrageous? and a threat to fair trials.
Halsbury's Law Exchange
The Justice Gap
Link added 30th August:
Transform Justice 26th August - How did the criminal court charge get through Parliament?
There is reason to believe that the courts charge is pressuring some defendants to plead guilty even in cases where they may be not guilty factually or may have a legal defence. Furthermore, a number of Magistrates have recently resigned from the bench citing the lack of justice inherent in this charge as a reason - The Times 25th July 2015 (£)
The legislation contains provision for interest on the charge if or to the extent that it remains unpaid.
Ministry of Justice Fact sheet
Law Society Gazette - Society outrage at 'back door' criminal court fees - the Law Society President described the charges as ?outrageous? and a threat to fair trials.
Halsbury's Law Exchange
The Justice Gap
Link added 30th August:
Transform Justice 26th August - How did the criminal court charge get through Parliament?
- Criminal Courts Charge Disappears On Christmas Eve ..... Government Reviewing Financial Orders
UPDATE 29th January 2016 - Report of Joint Committee on Statutory Instruments raising question over how the charge was removed Details of the Criminal Courts Charge are in this post of 30th July 2015. In a speech to the Magistrates' Association,...
- Criminal Courts Charge - Justice Committee Report
The House of Commons Justice Committee has expressed grave misgivings about whether the Criminal Courts Charge is compatible with the principles of justice - READ THE REPORT. The levels of the charge are criticised as grossly disproportionate to...
- A Case Of Begging ~ Criminal Court Charge ~ Speech By Lady Hale
Steffan Rowland Thomas - aged 19 - was seen by a PCSO sitting in the doorway of an empty shop in Swansea. He was asking passers-by for money. The matter came before Swansea Magistrates' Court where Thomas entered a guilty plea. The...
- Magistrates Under Attack !
"The Secret Barrister" makes out a case for the abolition of "lay magistrates" - Why this 70p Mars Bar shows we should abolish magistrates In this post I offer brief comment only. The author points to the case of Louisa Sewell: Thursday August 6th...
- Criminal Court Charges
On 13th April, the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 enter into force. They are well explained in this article in the Law Society Gazette 27th March. Suspects pleading not guilty in the Crown court will risk...