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Court fees 'punish domestic violence victims', magistrates group says Court fees 'punish domestic violence victims', magistrates group says
(34 minutes later)
Victims of domestic violence, as well as the perpetrators, are being punished by mandatory criminal courts charges imposed by the government, according to the Magistrates Association.Victims of domestic violence, as well as the perpetrators, are being punished by mandatory criminal courts charges imposed by the government, according to the Magistrates Association.
The accusation by Richard Monkhouse, the organisation’s national chairman, is a sign of mounting judicial unease over the Ministry of Justice’s attempts to extract money from the courts.The accusation by Richard Monkhouse, the organisation’s national chairman, is a sign of mounting judicial unease over the Ministry of Justice’s attempts to extract money from the courts.
As many as 50 magistrates are thought to have resigned in protest at the punitive charges – levied on top of fines, compensation orders, victim surcharges and prosecution costs – introduced earlier this year by the previous justice secretary, Chris Grayling. Up to 50 magistrates are thought to have resigned in protest at the punitive charges – levied on top of fines, compensation orders, victim surcharges and prosecution costs – introduced this year by the previous justice secretary, Chris Grayling.
The criminal courts charge ranges from £150 for anyone who pleads guilty to a summary offence at a magistrates court to as much as £1,000 for those convicted by magistrates after a trial of a more serious offence. In the crown court, the charge ranges from £900 for a guilty plea to up to £1,200 for conviction after trial.The criminal courts charge ranges from £150 for anyone who pleads guilty to a summary offence at a magistrates court to as much as £1,000 for those convicted by magistrates after a trial of a more serious offence. In the crown court, the charge ranges from £900 for a guilty plea to up to £1,200 for conviction after trial.
By taking money out of poorer families’ incomes in domestic violence cases, Monkhouse argues, both partners – victim and perpetrator – are being penalised, an outcome that is unjust.By taking money out of poorer families’ incomes in domestic violence cases, Monkhouse argues, both partners – victim and perpetrator – are being penalised, an outcome that is unjust.
Related: Howard League criticises 'unfair and unrealistic' court feesRelated: Howard League criticises 'unfair and unrealistic' court fees
Because it costs far less to plead guilty than be convicted after a contested trial, critics allege it creates a perverse incentive for the innocent to plead guilty rather than run the risk of failing to convince the court. They also warn that much of the money will prove impossible to collect.Because it costs far less to plead guilty than be convicted after a contested trial, critics allege it creates a perverse incentive for the innocent to plead guilty rather than run the risk of failing to convince the court. They also warn that much of the money will prove impossible to collect.
The intervention by the Magistrates Association – the independent charity representing most of the 19,500 magistrates in England and Wales – comes amid growing pressure on the current justice secretary, Michael Gove, to bring forward a review of the criminal courts charges, which only came into effect in April.The intervention by the Magistrates Association – the independent charity representing most of the 19,500 magistrates in England and Wales – comes amid growing pressure on the current justice secretary, Michael Gove, to bring forward a review of the criminal courts charges, which only came into effect in April.
Monkhouse said: “Our members are telling us that in domestic violence cases where the partners reconcile and stay together, with the defendant pleading guilty, the victim is then penalised because the £150 mandatory charge hits joint incomes.Monkhouse said: “Our members are telling us that in domestic violence cases where the partners reconcile and stay together, with the defendant pleading guilty, the victim is then penalised because the £150 mandatory charge hits joint incomes.
“In the case of very low incomes this can have severe consequences. Magistrates who have seen this scenario in play are asking how on earth it can possibly be just that victims are punished by the charge.“In the case of very low incomes this can have severe consequences. Magistrates who have seen this scenario in play are asking how on earth it can possibly be just that victims are punished by the charge.
“Before we encounter more unjust cases, we’d like [Gove] to grant an urgent review and to give our members the power to judge whether the charge is appropriate in individual cases – something they currently lack.”“Before we encounter more unjust cases, we’d like [Gove] to grant an urgent review and to give our members the power to judge whether the charge is appropriate in individual cases – something they currently lack.”
Despite the government’s professed desire to place victims at the centre of the criminal justice system, magistrates fear they are being sacrificed in favour of more pressing financial interests.Despite the government’s professed desire to place victims at the centre of the criminal justice system, magistrates fear they are being sacrificed in favour of more pressing financial interests.
Last week, a Truro crown court judge, Judge Christopher Harvey Clark QC, was reported to have told a defendant: “The charge has no bearing on your ability to pay. It is totally inappropriate for people of no means to have to pay this charge. It happens to be government policy but as an independent judge I regard it as extremely unfair and, although I have to impose it, I do so with immense reluctance.”Last week, a Truro crown court judge, Judge Christopher Harvey Clark QC, was reported to have told a defendant: “The charge has no bearing on your ability to pay. It is totally inappropriate for people of no means to have to pay this charge. It happens to be government policy but as an independent judge I regard it as extremely unfair and, although I have to impose it, I do so with immense reluctance.”
Magistrates in London have received a written guidance from a justices’ clerk advising them they must implement the charges “in accordance with parliament’s intention and your judicial oath”.Magistrates in London have received a written guidance from a justices’ clerk advising them they must implement the charges “in accordance with parliament’s intention and your judicial oath”.
The letter continues: “If the level of the charge is questioned I recommend that you state: ‘The sum is set by parliament and the courts have no discretion in the amount to award.’ You are advised not to enter into dialogue or comment upon the legislation.”The letter continues: “If the level of the charge is questioned I recommend that you state: ‘The sum is set by parliament and the courts have no discretion in the amount to award.’ You are advised not to enter into dialogue or comment upon the legislation.”
Speaking in the Commons this week, Gove declined to bring forward the planned review of the charge, which is not due to take place until three years after it was introduced.Speaking in the Commons this week, Gove declined to bring forward the planned review of the charge, which is not due to take place until three years after it was introduced.
He told MPs: “I have been made aware of widespread concern about the operation of the criminal courts charge, but it is important to stress that the charge is levied or taken from the offender only after other fines have been paid.He told MPs: “I have been made aware of widespread concern about the operation of the criminal courts charge, but it is important to stress that the charge is levied or taken from the offender only after other fines have been paid.
“It is important that the legislation is understood as having made it clear that the charge should be linked to ability to pay – the payment of that charge in due course should be linked to the offender’s means.“It is important that the legislation is understood as having made it clear that the charge should be linked to ability to pay – the payment of that charge in due course should be linked to the offender’s means.
“We are going to review the criminal courts charge, but it is important not to rush to judgment, because we have to ensure that a change that was made and approved by the house in order to ensure that our justice system is fair, and that those who offended pay their way, is given time to bed in, so that we can form an appropriate judgment in due course.”“We are going to review the criminal courts charge, but it is important not to rush to judgment, because we have to ensure that a change that was made and approved by the house in order to ensure that our justice system is fair, and that those who offended pay their way, is given time to bed in, so that we can form an appropriate judgment in due course.”
A Ministry of Justice spokesperson said: “It is right that convicted adult offenders who use our criminal courts should pay towards the cost of running them.A Ministry of Justice spokesperson said: “It is right that convicted adult offenders who use our criminal courts should pay towards the cost of running them.
“The introduction of this charge makes it possible to recover some of the costs of the criminal courts from these offenders, therefore reducing the burden on taxpayers.“The introduction of this charge makes it possible to recover some of the costs of the criminal courts from these offenders, therefore reducing the burden on taxpayers.
“Instalment payments can be set up if a defendant’s means do not allow prompt payment in full. This will allow offenders to pay the charge in affordable instalments.” Judges and magistrates have been ordered not to take the charge into account when considering other penalties.“Instalment payments can be set up if a defendant’s means do not allow prompt payment in full. This will allow offenders to pay the charge in affordable instalments.” Judges and magistrates have been ordered not to take the charge into account when considering other penalties.