Since April this year, defendants have had to pay a criminal courts charge following a change from previous legislation, but one of the UK’s most senior Judges has recently criticised the system.
Lord Thomas of Cwmgiedd, who is the current Lord Chief Justice, urged justice secretary Michael Gove to find “an interim solution” to replace a range of financial penalties that were introduced by the coalition Government.
Lord Thomas said: “It’s obvious that there is a problem with financial penalties as a whole, so I would hope this is an area the Government will engage with as soon as possible but in a wider context.”
The Judge said the fees were additional to other levies such as the victim surcharge and court costs, and many legal experts have warned that many people are not able to pay.
He added that “I do not believe it’s raising much money” while also emphasising that it is “very, very important” that court charges were looked at, including consideration of people’s means to pay any costs incurred.
MPs on the cross-party justice select committee said the charge, which is not means-tested, created “serious problems” and was often “grossly disproportionate.”
Bob Neill, chairman of the committee, said: “The evidence we have received has prompted grave misgivings about the operation of the charge, and whether, as currently framed, it is compatible with the principles of justice.”
Under the current system, which was implemented in April, criminal courts charge £150 for those who plead guilty, or £520 to £1,000 if the defendant is convicted after a trial. This has been criticised for encouraging people to plead guilty even if they think they are innocent, simply due to the cost structure involved.
More than 50 magistrates have resigned this year as a result of the costs and the lack of discretion that has been granted to them, to decide whether or not a defendant should be made to pay.
