Court Fees Pervert Justice

British Court

Defendants are being “incentivised” by government-imposed charges to plead guilty rather than risk an expensive fight in the crown court, the chairman of the Bar Council has warned. The criminal courts charge, which requires those who plead guilty at a magistrate’s court to pay £150 but forces those convicted at crown court to pay £1,200.

The lord chief justice, Lord Thomas of Cwmgiedd, said that steep rises in criminal and civil court fees were putting access to justice beyond the reach of most people and “imperilling a core principle of Magna Carta”.

The charge, which came into force in April, was introduced by the previous justice secretary, Chris Grayling. More than 50 magistrates in England and Wales have already resigned in protest at the charge, according to the Magistrates Association. Many doubt whether much of the debt will be collected as a significant number of defendants are too poor to pay.

The criminal courts charge disproportionately punishes the poorest in our community. Those who cannot pay for a TV licence, a train ticket, or previous fines. Simultaneously, the job centres are sanctioning people’s benefits lasting for anything up to three years without a fair trial.

Earlier this year A 32-year-old woman, Louise Sewell, stole Mars bars worth 75p from a shop in Kidderminster. She was undergoing a benefits sanction and had not eaten for two days. She pleaded guilty and was ordered to pay a criminal charge of £150.

Some courts have resorted in cases where defendants have limited means to ordering an absolute discharge, which avoids the imposition of the criminal law charge, but also nullifies the possibility of a victim compensation order.

The Labour justice spokesman, Lord Beecham, whas said: “The uniform imposition of these fixed charges is contrary to the courts’ current approach, which is one of totality – taking into consideration the nature of the offence and the effect, including the financial effect of fines and costs already levied.

“Judicial discretion under these regulations is being displaced by what one might call Ryanair justice, with significant add-ons, often disproportionate to the basic financial penalty.”