Widely criticised courts charge was "a bad experiment"
Criminal courts charges are to be scrapped on Christmas Eve the Lord Chancellor, Michael Gove, has said.
The news is an early Christmas present for criminal lawyers, who have mounted a vigorous campaign opposing the charges on the basis they encouraged innocent suspects to plead guilty to avoid paying them. The issue has even led to some magistrates resigning in protest at the unfairness of the charges.
Nigel Richardson, solicitor at Hodge Jones & Allen, says: “It was mandatory, magistrates and judges have had no choice whether to impose it and this has led to two results: potentially innocent defendants pleading guilty to avoid being hit by a charge they can’t afford; and the unedifying sight of those with absolutely nothing being hit with financial penalties they will never possibly be able to pay.
“Tens of millions will end up being written off and it will probably have cost far more to implement than it ever recovered. A bad experiment, properly scrapped.”
Welcoming the announcement, Chantal-Aimée Doerries QC, chairman-elect of the Bar, says: “The charge created a perverse incentive to plead guilty, negated the principle of judicial discretion, reduced compensation awards and was never likely to raise the funds anticipated.
“The Ministry of Justice has clearly listened very carefully to members from both Houses and from across all political parties, as well as to the legal profession, and others who have campaigned on this issue. We look forward to working with the Ministry of Justice as it reviews the alternative policy options."
The charges, which ranged from £150 to £1,200, were introduced a year ago by Chris Grayling, the former Lord Chancellor, to ensure “those who impose costs on the criminal justice system make a contribution to those costs wherever possible”. They were levied on criminal suspects, with higher charges for those who pleaded not guilty.
Malcolm Richardson, chairman of the Magistrates Association (MA), says: “This is fantastic news and we're very grateful to Mr Gove for listening to the case made by magistrates about the charge. In all my years on the bench, I've never seen something strike so hard at the heart of justice.
“Although we have lost many experienced magistrates, there will be an enormous sense of relief across the criminal justice system. We're grateful that Mr Gove made this announcement to the MA, as it stands in testimony to his collaborative approach and his appreciation of the work of magistrates.”
Michael Gove, who made the announcement at a meeting of the Magistrates’ Association Council, has also announced a review of the structure and purpose of fines and other penalties imposed by magistrates’ courts.
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