Lord Falconer, Labour’s Shadow Justice Secretary, commenting on the Justice Select Committee’s report on the criminal courts charge, which calls for it to be scrapped, said:

“This report is damning and lays bare yet again the Government’s incompetence and misplaced priorities.

“Labour has warned repeatedly that the mandatory nature of the charge could lead to miscarriages of justice.

“Not only is this charge unjust but there are serious concerns that the policy is having a detrimental impact on victims of crime and may not be raising anywhere near the amount of revenue the government predicted.

“Ministers need to get a grip, listen to the experts and drop their support for this policy immediately.”

Ends

Notes to editors

• The Justice Select Committee has published a report calling on the Government to scrap the criminal courts charge. The report highlights a number of serious concerns, including that the fact that the level of     the charge is “grossly disproportionate to the means of many offenders  and the gravity of the offences in relation to which it has been imposed”, that it is creating “perverse incentives for both defenders and sentencers” and that it is “having a detrimental impact on victims of crime and the CPS”.

• The criminal courts charge was introduced via the Criminal Justice and Courts Act 2015 and came into force on 13th April.

• It requires a charge to be imposed on those convicted of a criminal offence. Defendants who either plead guilty or who are subsequently found guilty are subject to a mandatory charge. This charge goes towards the running of the court.

• Although they are certain situations when the charge may not be imposed, in most situations a charge must be imposed – there is no discretion on the part of the judge or magistrate and there is no means test applicable.

• Charges start at £150 for a guilty plea in the Magistrates Courts and rise to £1,200 for a conviction in Crown Court on indictment.

• The charge has been criticised for being likely to encourage innocent people to plead guilty and having a disproportionate effect on the poorest defendants.

• There is already a substantial amount of uncollected fines from criminals and it is likely this proposal will just add to the total of uncollected monies from criminals - out of £5 million worth of charges imposed, it is estimated that less than £300,000 has been collected.

• The government has said it will review the charge after three years.

• On 14 October, the House of Lords voted 132 to 100 in support of a motion of regret tabled by Labour’s Lord Beecham on the criminal courts charge.

http://www.independent.co.uk/news/uk/crime/criminal-courts-charge-denied-compensation-to-rape-victim-mps-told-a6711221.html

http://www.theguardian.com/law/2015/oct/13/court-charge-creates-incentive-plead-guilty-bar-council-warns

• Law Society President Andrew Caplen described the charges as outrageous and a threat to fair trials. (Law Gazette)

• A number of Magistrates have resigned in protest at having to force people to pay the charge, regardless of circumstance, nature of offence or previous convictions (Independent Article)