Taking action for those jailed over unpaid council tax
|
https://www.theguardian.com/money/2018/mar/26/taking-action-for-those-jailed-over-unpaid-council-tax Version 0 of 1. The current council tax system is not only “highly regressive” because of its weak links to property values as suggested in Phillip Inman’s article (Report, 20 March). Since council tax replaced the community charge in 1992, thousands of people in England and Wales have been jailed for not having paid their council tax. Unlike most other civil debts, people who fail to pay their council tax can be brought before criminal courts and imprisoned, despite having committed no actual crime. Even more worryingly, evidence now shows that year after year there have been significant numbers of people being unlawfully imprisoned for non-payment of council tax. The high court recently acknowledged, in a claim for judicial review brought by a single mother caring for an elderly neighbour, that between 9.5% and 18% of people imprisoned for council tax non-payment are sent there unlawfully. This is likely to be one of the largest mass miscarriages of justice in British history. We believe the government should: 1. Abolish regulation 47(3) of the Council Tax (Administration and Enforcement) Regulations 1992, that allows the committal to prison for council tax non-payment. 2. Review the court files of all those imprisoned for council tax debt in England and Wales between 2010 and 2017 to identify those who may have been wrongfully jailed and to inform them of this fact. 3. Create an ex-gratia award scheme, overseen by independent adjudicators, to afford compensation to those who have been wrongfully imprisoned for council tax debt. 4. Ensure that in all courts where proceedings for council tax debt are under way, defendants are told of their right to free legal assistance, pursuant to the decision of the European court of human rights in Benham v UK (1996) 22 EHRR 293. Debt is not a crime. Let’s stop treating it like one.Aaron J Dolan Administrator, Criminal Bar AssociationAbigail Wheatcroft Caseworker, Centre for Criminal AppealsAlistair Chisholm Head of advice sector policy and partnerships, PayPlanAmanda Weston QC Barrister, Garden Court ChambersAngela Rafferty QC Chair, Criminal Bar AssociationAnna Yearley Executive director, ReprieveBaroness Hilary Armstrong of Hill TopBaronness Martha Lane Fox of SohoCathy Stancer Director, Lankelly Chase FoundationChristopher Callender Solicitor, Steel and ShamashChristopher David Counsel, Wilmer Cutler Pickering Hale and DorrChristopher Henley QC Vice-chair, Criminal Bar AssociationClive Stafford Smith Founder, ReprieveDaniel Martin Head of criminal defence, Blaser Mills LawDeborah Bowker Solicitor, Steel and ShamashDeborah Russo Joint managing solicitor, Prisoners’ Advice ServiceDonal Lawler Barrister, Criminal Bar AssociationDr Dennis Eady Cardiff School of Law and PoliticsDr Hannah King Acting director of education and assistant professor of criminology, University of DurhamDr Ivan Hill Senior fellow, the Higher Education AcademyDr Mary-Ann Stephenson Director, UK Women’s Budget GroupEmily Bolton Founder and legal director, Centre for Criminal AppealsEmma Fenn Secretary, Criminal Bar AssociationFrances Crook CEO, Howard League for Penal ReformGillian Jones QC Treasurer, Criminal Bar AssociationGlyn Maddocks Solicitor and founding trustee of the Centre for Criminal AppealsHarriet Johnson Barrister, Doughty Street ChambersHarriet Wistrich Founder and CEO, Centre for Women’s JusticeJames Burley Caseworker, Centre for Criminal AppealsJoe Hingston Barrister, Carmelite ChambersKate Paradine CEO, Women in PrisonLouise Hewitt Lecturer in law, University of GreenwichLucy Baldwin Senior lecturer, lead on women, family, crime and justice research networkMartine Lignon Chair, Prisoners’ Advice ServiceMary Pimm Trustee, Women in PrisonMaya Foa Director, ReprieveMiriam Thompson Solicitor, Faradays SolicitorsNaima Sakande Women’s justice advocate, Centre for Criminal AppealsOtilia Ioana Galca Criminal defence paralegal, Faradays SolicitorsParamjit Ahluwalia Barrister, Garden Court ChambersPenelope Gibbs Director, Transform JusticeProfessor Claire McGourlay Legal education, University of ManchesterProfessor Julie Price Head of pro bono, Cardiff School of Law and PoliticsProfessor Rob Canton Community and criminal justice, De Montford UniversityRachel Browne Solicitor, Steel and ShamashRachel Duffey CEO, PayPlanRebecca Huggins Solicitor, trustee, Centre for Criminal AppealsRichard Owen Associate professor, Hillary Rodham Clinton School of LawRobert Wilson Chief executive, Institute of Money AdvisersRona Epstein Academic and researcher, Coventry UniversitySally Middleton Solicitor, Birnberg PeirceSam Genen Solicitor, Steel and ShamashSarah Vine Wellbeing director, Criminal Bar AssociationShauneen Lambe Founder, Just for Kids LawSimone Abel Director of operations, policy and resources, ReprieveStephen Burrell Doctoral researcher, Durham UniversitySuzanne Gower Managing director and solicitor, Centre for Criminal AppealsYvonne Roberts Chair, Women in Prison • Join the debate – email guardian.letters@theguardian.com • Read more Guardian letters – click here to visit gu.com/letters Council tax Tax Family finances Prisons and probation UK criminal justice Conservatives letters Share on Facebook Share on Twitter Share via Email Share on LinkedIn Share on Pinterest Share on Google+ Share on WhatsApp Share on Messenger Reuse this content |