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| Criminal courts charge denied compensation to rape victim, MPs told | Criminal courts charge denied compensation to rape victim, MPs told |
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| A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told. | A rape victim did not get compensation from her attacker because of the Government’s controversial new court charge, MPs have been told. |
| A Crown Court judge in south London is said to be “deeply distressed” at having to waive compensation for a sexual assault victim because he believed that a mandatory £900 criminal court charge was already beyond the defendant’s means. | A Crown Court judge in south London is said to be “deeply distressed” at having to waive compensation for a sexual assault victim because he believed that a mandatory £900 criminal court charge was already beyond the defendant’s means. |
| The case came to light in a Justice Select Committee hearing over the criminal courts charge – dubbed a “tax on justice”. | The case came to light in a Justice Select Committee hearing over the criminal courts charge – dubbed a “tax on justice”. |
| Ben Summerskill, director of the Criminal Justice Alliance, told MPs he had “seen evidence to suggest [the charge] is impacting on sentencing behaviour”. He added: “I spoke to a Crown Court judge last night who sits in south London and was deeply distressed because he had just awarded a £900 court charge and consequently felt entirely unable to award a compensation order to a victim of sexual assault because he simply felt there was no realistic prospect of that amount being recovered. That is a crystallised example of an unintended consequence of [the charge].” | Ben Summerskill, director of the Criminal Justice Alliance, told MPs he had “seen evidence to suggest [the charge] is impacting on sentencing behaviour”. He added: “I spoke to a Crown Court judge last night who sits in south London and was deeply distressed because he had just awarded a £900 court charge and consequently felt entirely unable to award a compensation order to a victim of sexual assault because he simply felt there was no realistic prospect of that amount being recovered. That is a crystallised example of an unintended consequence of [the charge].” |
| The compulsory levy is fixed at £150 if someone pleads guilty to a criminal offence, whereas it can rise to £1,200 if they deny wrongdoing only to be found guilty. | The compulsory levy is fixed at £150 if someone pleads guilty to a criminal offence, whereas it can rise to £1,200 if they deny wrongdoing only to be found guilty. |
| Experts warned again that it encouraged innocent defendants to plead guilty because they were worried about the cost. The Independent has previously revealed cases of poor people being hit with bills for hundreds of pounds for minor offences, such as shoplifting a chocolate bar while homeless, under the charge labelled “unjust” by the Howard League for Penal Reform. | Experts warned again that it encouraged innocent defendants to plead guilty because they were worried about the cost. The Independent has previously revealed cases of poor people being hit with bills for hundreds of pounds for minor offences, such as shoplifting a chocolate bar while homeless, under the charge labelled “unjust” by the Howard League for Penal Reform. |
| Speaking about the impact of the charge on pleas, Richard Monkhouse, chairman of the Magistrates’ Association, told the committee: “We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’. The frequency of that seems to be increasing.” | Speaking about the impact of the charge on pleas, Richard Monkhouse, chairman of the Magistrates’ Association, told the committee: “We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’. The frequency of that seems to be increasing.” |
| Discussing the more than 50 magistrates who have now resigned over the charge, Mr Monkhouse said: “As chairman I get a lot of emails and letters from magistrates who have specifically quoted this, maybe not as the only reason but as the final straw. There are some who have said ‘No this is it, I cannot bring myself to do this’.” | Discussing the more than 50 magistrates who have now resigned over the charge, Mr Monkhouse said: “As chairman I get a lot of emails and letters from magistrates who have specifically quoted this, maybe not as the only reason but as the final straw. There are some who have said ‘No this is it, I cannot bring myself to do this’.” |
| Swimmers prepare to take part in the annual Christmas Day Peter Pan Cup handicap race in the Serpentine River, in Hyde Park, London, | |
| Reuters | |
| A butcher holds up cuts of meat to be sold during the annual Christmas Eve auction at Smithfield Market in central London | |
| Actresses rush backstage to get changed during a performance of Jack and the Beanstalk at Hackney Empire London. The popular pantomime play is showing at the venue until 3rd January 2016. | |
| People cross a bridge in St James's Park in London. Large parts of Britain have enjoyed unseasonably warm weather today as forecasters have announced that they expect it to continue into next week | |
| People gather to take a selfie photograph as pagans and revelers gather at Stonehenge, hoping to see the sun rise, as they take part in a winter solstice ceremony at the ancient neolithic monument of Stonehenge near Amesbury, Wiltshire. Despite a forecast for rain, a large crowd gathered at the famous historic stone circle, a UNESCO listed ancient monument, to celebrate the sunrise closest to the Winter Solstice, the shortest day of the year. The event is claimed to be more important in the pagan calendar than the summer solstice, because it marks the 're-birth' of the Sun for the New Year. | People gather to take a selfie photograph as pagans and revelers gather at Stonehenge, hoping to see the sun rise, as they take part in a winter solstice ceremony at the ancient neolithic monument of Stonehenge near Amesbury, Wiltshire. Despite a forecast for rain, a large crowd gathered at the famous historic stone circle, a UNESCO listed ancient monument, to celebrate the sunrise closest to the Winter Solstice, the shortest day of the year. The event is claimed to be more important in the pagan calendar than the summer solstice, because it marks the 're-birth' of the Sun for the New Year. |
| An employee sorts deliveries at Royal Mail's Mount Pleasant Mail Center in London. This week is expected to be the busiest of the year for Royal Mail as they deal with deliveries in the run up to Christmas. | An employee sorts deliveries at Royal Mail's Mount Pleasant Mail Center in London. This week is expected to be the busiest of the year for Royal Mail as they deal with deliveries in the run up to Christmas. |
| London buses pass under Christmas lights on Oxford Street in central London, on the final shopping Sunday before Christmas. | London buses pass under Christmas lights on Oxford Street in central London, on the final shopping Sunday before Christmas. |
| AFP | AFP |
| A supporter wears a t-shirt featuring the face of Chelsea's former Portuguese manager Jose Mourinho before the English Premier League football match between Chelsea and Sunderland at Stamford Bridge | A supporter wears a t-shirt featuring the face of Chelsea's former Portuguese manager Jose Mourinho before the English Premier League football match between Chelsea and Sunderland at Stamford Bridge |
| AFP/Getty | AFP/Getty |
| Josh Clewley harvests Brussels sprouts at Essington Fruit Farm in Wolverhampton for the Christmas market | Josh Clewley harvests Brussels sprouts at Essington Fruit Farm in Wolverhampton for the Christmas market |
| Armed police stand guard outside Number 10 Downing Street in London as security across the city has tightened in the run up to Christmas | Armed police stand guard outside Number 10 Downing Street in London as security across the city has tightened in the run up to Christmas |
| Deborah McGibbney (left) and Nishma Rana, employees at Royal Mail's Glasgow Mail Centre, wear Santa hats as they help to handle millions of items during the Christmas rush on the centre's busiest day of the year | Deborah McGibbney (left) and Nishma Rana, employees at Royal Mail's Glasgow Mail Centre, wear Santa hats as they help to handle millions of items during the Christmas rush on the centre's busiest day of the year |
| Farmer Harvey Maunder walks with his flock of free-range geese that he has reared for the Christmas table, in front of the farmhouse at Home Farm in the village of Kingsweston near Somerton. The birds, which have been reared as free-range from chicks and have already broken out to eat Mrs Maunder's Christmas sprouts, are due to be dispatched and prepared for the farm shop's customers | Farmer Harvey Maunder walks with his flock of free-range geese that he has reared for the Christmas table, in front of the farmhouse at Home Farm in the village of Kingsweston near Somerton. The birds, which have been reared as free-range from chicks and have already broken out to eat Mrs Maunder's Christmas sprouts, are due to be dispatched and prepared for the farm shop's customers |
| Ascot Racecourse has unveiled the ‘foursie’ – a festive onesie tailor-made for Shetland pony, Daffy. The foursie has been made to keep Daffy warm as the cold winter approaches. Ascot is encouraging race goers to don their festive finery ahead of its Christmas Racing Weekend which takes place on the 18 and 19 December, with racegoers encouraged to donate to a host of local good causes | Ascot Racecourse has unveiled the ‘foursie’ – a festive onesie tailor-made for Shetland pony, Daffy. The foursie has been made to keep Daffy warm as the cold winter approaches. Ascot is encouraging race goers to don their festive finery ahead of its Christmas Racing Weekend which takes place on the 18 and 19 December, with racegoers encouraged to donate to a host of local good causes |
| Oxford's 'Business' (left) and 'Pleasure' (right, white arms) pass the Harrod's Depository during the BNY Mellon University Boat Race Trial 8's on The River Thames in London | Oxford's 'Business' (left) and 'Pleasure' (right, white arms) pass the Harrod's Depository during the BNY Mellon University Boat Race Trial 8's on The River Thames in London |
| Demonstrators wave a Syrian flag during a Stop The War Coalition protest as protesters march along Whitehall in London | Demonstrators wave a Syrian flag during a Stop The War Coalition protest as protesters march along Whitehall in London |
| Royal British Legion standard bearers march ahead of the hearse at the funeral service for 90-year old World War Two veteran Thomas Cox in Middlesbrough. Following an appeal on social media hundreds of people attended the service for the World War Two veteran from Stockton who served with the Royal Pioneer Corps and who died recently without any family members being able to be found | Royal British Legion standard bearers march ahead of the hearse at the funeral service for 90-year old World War Two veteran Thomas Cox in Middlesbrough. Following an appeal on social media hundreds of people attended the service for the World War Two veteran from Stockton who served with the Royal Pioneer Corps and who died recently without any family members being able to be found |
| John Lewis’s Christmas tree farm, Netherraw Forestry in Scotland, is set for a busy festive season as the retailer reveals a huge surge in demand for real Christmas trees | John Lewis’s Christmas tree farm, Netherraw Forestry in Scotland, is set for a busy festive season as the retailer reveals a huge surge in demand for real Christmas trees |
| Model makers Hannah Reed (left) and Amanda Green put the finishing touches to a huge 6.7kg Lego Angel which is on top of a giant 8m tall Christmas tree made of Lego bricks at the Legoland Windsor Resort in Berkshire | Model makers Hannah Reed (left) and Amanda Green put the finishing touches to a huge 6.7kg Lego Angel which is on top of a giant 8m tall Christmas tree made of Lego bricks at the Legoland Windsor Resort in Berkshire |
| St Paul's Choristers prepare to sing during a rehearsal at St Paul's Cathedral in London. It is estimated that on the 23rd, 24th and 25th of December alone, more than 10,000 people will come through the doors of St Paul's for Christmas services | St Paul's Choristers prepare to sing during a rehearsal at St Paul's Cathedral in London. It is estimated that on the 23rd, 24th and 25th of December alone, more than 10,000 people will come through the doors of St Paul's for Christmas services |
| Christmas shoppers browse stalls at the traditional Christmas market close to the historic Roman Baths and Bath Abbey in Bath | Christmas shoppers browse stalls at the traditional Christmas market close to the historic Roman Baths and Bath Abbey in Bath |
| The Boy Choristers of Winchester Cathedral Choir skate on the Cathedral's ice rink which will be open until the 3rd of January | The Boy Choristers of Winchester Cathedral Choir skate on the Cathedral's ice rink which will be open until the 3rd of January |
| Shop workers clear rubbish from a store in Cockermouth, northern England, following heavy flooding in the town. Thousands of homes and business were affected by the heavy rains and strong winds that battered Britain over the weekend, with one death reported in London after a man was blown into the path of a bus, police said | Shop workers clear rubbish from a store in Cockermouth, northern England, following heavy flooding in the town. Thousands of homes and business were affected by the heavy rains and strong winds that battered Britain over the weekend, with one death reported in London after a man was blown into the path of a bus, police said |
| A rescue team helps to evacuate people from their homes after Storm Desmond caused flooding in Carlisle. Storm Desmond has brought severe disruption to areas of northern England as dozens of flood warnings remain in place | A rescue team helps to evacuate people from their homes after Storm Desmond caused flooding in Carlisle. Storm Desmond has brought severe disruption to areas of northern England as dozens of flood warnings remain in place |
| Chickens wander around within the 'Grow Heathrow' protest camp, in Sipson, near Heathrow airport . The residents of the camp aim to stop or disrupt the proposed development of an extra runway at the airport due to the impact it would have on the environment and the lives of local residents. Members of the community fear that the village of Harmondsworth would be the location of the runway, meaning that many family homes would be either demolished or made unuseable | Chickens wander around within the 'Grow Heathrow' protest camp, in Sipson, near Heathrow airport . The residents of the camp aim to stop or disrupt the proposed development of an extra runway at the airport due to the impact it would have on the environment and the lives of local residents. Members of the community fear that the village of Harmondsworth would be the location of the runway, meaning that many family homes would be either demolished or made unuseable |
| A new statue of the Beatles is unveiled by John Lennon's sister Julia Baird (not pictured) outside the Liverbuilding, in Liverpool | A new statue of the Beatles is unveiled by John Lennon's sister Julia Baird (not pictured) outside the Liverbuilding, in Liverpool |
| A Tornado jet ahead of taking off from RAF Lossiemouth in Scotland, as RAF Tornado jets carried out the first British bombing runs over Syria, the Ministry of Defence has confirmed. The air strikes were carried out within hours of a vote by MPs in the Commons to back extending operations against Isis from neighbouring Iraq | A Tornado jet ahead of taking off from RAF Lossiemouth in Scotland, as RAF Tornado jets carried out the first British bombing runs over Syria, the Ministry of Defence has confirmed. The air strikes were carried out within hours of a vote by MPs in the Commons to back extending operations against Isis from neighbouring Iraq |
| Eric Marshall (75) turns on his Christmas lights at his home in Bagby, North Yorkshire which took four weeks to install | Eric Marshall (75) turns on his Christmas lights at his home in Bagby, North Yorkshire which took four weeks to install |
| The giant sugar statues created by SodaStream went on display in front of the Houses of Parliament to mark National Sugar Awareness Week. The statues were made using the total amount of sugar from fizzy drinks consumed every minute by children, teenagers and adults in the UK | The giant sugar statues created by SodaStream went on display in front of the Houses of Parliament to mark National Sugar Awareness Week. The statues were made using the total amount of sugar from fizzy drinks consumed every minute by children, teenagers and adults in the UK |
| Marvel UK has unveiled an Ant Sized Street View platform that gives Brits an insects view point of the capital, to mark today’s Ant-Man DVD release. The interactive #AntSizedStreetView platform, allows fans to explore some of the city’s best known sights | Marvel UK has unveiled an Ant Sized Street View platform that gives Brits an insects view point of the capital, to mark today’s Ant-Man DVD release. The interactive #AntSizedStreetView platform, allows fans to explore some of the city’s best known sights |
| Climate change demonstrators march to demand curbs to carbon pollution in London, on the eve of the climate summit in Paris | Climate change demonstrators march to demand curbs to carbon pollution in London, on the eve of the climate summit in Paris |
| Malcolm Richardson, deputy chairman of the Magistrates’ Association, told the cross-bench committee that his organisation had not taken a position on the principle of the charge. But he added: “We certainly wouldn’t stand in the way of anyone who wanted to abolish it.” | Malcolm Richardson, deputy chairman of the Magistrates’ Association, told the cross-bench committee that his organisation had not taken a position on the principle of the charge. But he added: “We certainly wouldn’t stand in the way of anyone who wanted to abolish it.” |
| Mr Richardson said in many cases it was unrealistic to expect to collect a fine from defendants at all, explaining: “We’re talking about people here who have chaotic lives and are lucky to get from one benefit payment to the next without going to a loan shark.” | Mr Richardson said in many cases it was unrealistic to expect to collect a fine from defendants at all, explaining: “We’re talking about people here who have chaotic lives and are lucky to get from one benefit payment to the next without going to a loan shark.” |
| We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’ | We have anecdotal evidence that some magistrates have refused to accept an equivocal plea – in other words, a plea that is ‘I’m not guilty but I’m pleading guilty’ |
| Richard Monkhouse, chairman of the Magistrates’ Association | Richard Monkhouse, chairman of the Magistrates’ Association |
| Pointing out the triviality of cases that are subject to a minimum £150 courts charge, Mr Richardson said: “A colleague told me of a single court dealing with fare evasion for London Transport, dealing with one case a minute, which I worked out means she was imposing £9,000 in criminal courts charge and £7,500 in contributions to Crown Prosecution costs in an hour. These were about £1.50 evasions. That’s the sort of case you think, ‘Why has it come to a courtroom?’” | Pointing out the triviality of cases that are subject to a minimum £150 courts charge, Mr Richardson said: “A colleague told me of a single court dealing with fare evasion for London Transport, dealing with one case a minute, which I worked out means she was imposing £9,000 in criminal courts charge and £7,500 in contributions to Crown Prosecution costs in an hour. These were about £1.50 evasions. That’s the sort of case you think, ‘Why has it come to a courtroom?’” |
| The charge was introduced by Chris Grayling and is levied on court cases for all crimes committed since April. More than 50 magistrates have resigned over it and The Independent revealed earlier this month that Michael Gove, Mr Grayling’s successor as Justice Secretary, is considering reforming the policy. | The charge was introduced by Chris Grayling and is levied on court cases for all crimes committed since April. More than 50 magistrates have resigned over it and The Independent revealed earlier this month that Michael Gove, Mr Grayling’s successor as Justice Secretary, is considering reforming the policy. |
| Giving evidence about the disproportionate nature of the charge, Frances Crook, chief executive of the Howard League for Penal Reform, said: “We’ve got a medieval system. A 19-year-old having a court charge on him for begging when he didn’t know begging was illegal is medieval. It’s not even Victorian.” | Giving evidence about the disproportionate nature of the charge, Frances Crook, chief executive of the Howard League for Penal Reform, said: “We’ve got a medieval system. A 19-year-old having a court charge on him for begging when he didn’t know begging was illegal is medieval. It’s not even Victorian.” |
| £180 | £180 |
| The amount an asylum seeker was ordered to pay last month. A magistrate resigned after being suspended for offering to help pay | The amount an asylum seeker was ordered to pay last month. A magistrate resigned after being suspended for offering to help pay |
| Ms Crook said many of those subject to the charge were pushed to crime through poverty. “A lot of people don’t choose to commit crime. A lot of people have been begging because they’re hungry; it’s not a life choice.” | Ms Crook said many of those subject to the charge were pushed to crime through poverty. “A lot of people don’t choose to commit crime. A lot of people have been begging because they’re hungry; it’s not a life choice.” |
| Last month a magistrate who had served on the bench in Leicestershire for 16 years resigned after offering to pay towards the levy when a penniless asylum-seeker was ordered to pay £180. Nigel Allcoat was suspended and an investigation was launched after he attempted to pay part of the convict’s costs. | Last month a magistrate who had served on the bench in Leicestershire for 16 years resigned after offering to pay towards the levy when a penniless asylum-seeker was ordered to pay £180. Nigel Allcoat was suspended and an investigation was launched after he attempted to pay part of the convict’s costs. |
| A Ministry of Justice spokesman said: “There is clear guidance in place to ensure sentences are not affected by the criminal courts charge. The charge should not impact on the amount of financial penalties ordered.” However, when the Magistrates’ Association’s deputy was asked at the select committee hearing whether the charge had any impact on sentencing, Mr Richardson replied there was anecdotal evidence of this. | A Ministry of Justice spokesman said: “There is clear guidance in place to ensure sentences are not affected by the criminal courts charge. The charge should not impact on the amount of financial penalties ordered.” However, when the Magistrates’ Association’s deputy was asked at the select committee hearing whether the charge had any impact on sentencing, Mr Richardson replied there was anecdotal evidence of this. |
| When an offender is convicted of a crime against a person, the court may order them to pay compensation to the victim. This can cover anything from personal injury to theft, medical expenses or pain and suffering. The maximum amount of compensation that can be awarded by magistrates is £5,000. | When an offender is convicted of a crime against a person, the court may order them to pay compensation to the victim. This can cover anything from personal injury to theft, medical expenses or pain and suffering. The maximum amount of compensation that can be awarded by magistrates is £5,000. |
| Victims need to have told the police about any loss or damage suffered, and this information is then referred to the Crown Prosecution Service, which make the request in court. | Victims need to have told the police about any loss or damage suffered, and this information is then referred to the Crown Prosecution Service, which make the request in court. |
| Any compensation is limited to what the offender can afford and depends on the sentence the court has already passed. | Any compensation is limited to what the offender can afford and depends on the sentence the court has already passed. |
| The compensation may not cover the full cost of damage or loss, and often the offender will be able to pay it in instalments, which are passed from the court to the victim. Separately to this, any victims of violent crime can apply to the Government’s Criminal Injuries Compensation Scheme. In this case, the money comes from the state and the compensation is proportionate to the crime rather than the perpetrator’s means. This can be paid out even if the offender has not been caught | The compensation may not cover the full cost of damage or loss, and often the offender will be able to pay it in instalments, which are passed from the court to the victim. Separately to this, any victims of violent crime can apply to the Government’s Criminal Injuries Compensation Scheme. In this case, the money comes from the state and the compensation is proportionate to the crime rather than the perpetrator’s means. This can be paid out even if the offender has not been caught |