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Howard League criticises 'unfair and unrealistic' court fees Howard League criticises 'unfair and unrealistic' court fees
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Homeless shoplifters and people caught begging are being ordered to pay punitive criminal courts charges that will never be recovered, according to a prison reform charity.Homeless shoplifters and people caught begging are being ordered to pay punitive criminal courts charges that will never be recovered, according to a prison reform charity.
The Howard League for Penal Reform has compiled a list of cases where heavy financial penalties have been imposed on those who admitted committing low-value offences.The Howard League for Penal Reform has compiled a list of cases where heavy financial penalties have been imposed on those who admitted committing low-value offences.
The organisation is backing calls by the Magistrates Association for an urgent review of the impact of the Ministry of Justice’s (MoJ) newly introduced, money-raising procedure. The organisation is backing calls by the Magistrates Association for an urgent review of the impact of the Ministry of Justice’s (MoJ) newly introduced money-raising procedure.
The criminal courts charge came into effect in April with the aim of ensuring that convicted adult offenders contribute towards the cost of running the criminal justice system. It was introduced by the last justice secretary, Chris Grayling.The criminal courts charge came into effect in April with the aim of ensuring that convicted adult offenders contribute towards the cost of running the criminal justice system. It was introduced by the last justice secretary, Chris Grayling.
The hefty range of penalties is levied on top of any fines, compensation orders, victim surcharges or prosecution costs already required from those who plead guilty or are convicted at magistrates or crown courts.The hefty range of penalties is levied on top of any fines, compensation orders, victim surcharges or prosecution costs already required from those who plead guilty or are convicted at magistrates or crown courts.
The Magistrates Association, which represents most magistrates in England and Wales, has confirmed that a number of experienced magistrates have resigned in protest at the charge. More have resigned since last week, the organisation has confirmed.The Magistrates Association, which represents most magistrates in England and Wales, has confirmed that a number of experienced magistrates have resigned in protest at the charge. More have resigned since last week, the organisation has confirmed.
Related: Magistrates resign over court charges that encourage innocent to plead guiltyRelated: Magistrates resign over court charges that encourage innocent to plead guilty
The criminal courts charge ranges from £150 for anyone who pleads guilty to a summary offence at a magistrates court, up to £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 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, up to £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 up to £1,200 for conviction after trial.
Because it costs far less to plead guilty than be convicted after a contested trial, some allege it creates a perverse incentive for the innocent to plead guilty rather than run the risk of failing to convince the court.Because it costs far less to plead guilty than be convicted after a contested trial, some allege it creates a perverse incentive for the innocent to plead guilty rather than run the risk of failing to convince the court.
Examples of how the charge has worked in more than 30 low-value offences have been collected from local reports by the Howard League. They include:Examples of how the charge has worked in more than 30 low-value offences have been collected from local reports by the Howard League. They include:
• A 26-year-old homeless man who stole a can of Red Bull worth 99p from a supermarket in South Shields, Tyne and Wear, was given a conditional discharge and ordered to pay a £150 criminal courts charge and a £15 victim surcharge.• A 26-year-old homeless man who stole a can of Red Bull worth 99p from a supermarket in South Shields, Tyne and Wear, was given a conditional discharge and ordered to pay a £150 criminal courts charge and a £15 victim surcharge.
• A 30-year-old homeless woman was convicted in her absence of begging in a car park in Coventry, West Midlands. She was ordered to pay a £150 criminal courts charge, a £30 fine and a £20 victim surcharge.• A 30-year-old homeless woman was convicted in her absence of begging in a car park in Coventry, West Midlands. She was ordered to pay a £150 criminal courts charge, a £30 fine and a £20 victim surcharge.
• A 20-year-old man who was living in a hostel in Stoke-on-Trent, Staffordshire, kicked out at a flower pot after being stabbed with a needle by a fellow resident. He became homeless. He admitted criminal damage, which placed him in breach of two conditional discharges that were imposed on him for thefts. He was fined £70 and ordered to pay a £150 criminal courts charge, £85 costs and a £20 victim surcharge.• A 20-year-old man who was living in a hostel in Stoke-on-Trent, Staffordshire, kicked out at a flower pot after being stabbed with a needle by a fellow resident. He became homeless. He admitted criminal damage, which placed him in breach of two conditional discharges that were imposed on him for thefts. He was fined £70 and ordered to pay a £150 criminal courts charge, £85 costs and a £20 victim surcharge.
• A 38-year-old homeless man admitted persistently begging in Oxford, and breached an asbo prohibiting him from sitting within 10 metres of a cash machine. He was jailed for 30 days and ordered to pay a £150 criminal courts charge.• A 38-year-old homeless man admitted persistently begging in Oxford, and breached an asbo prohibiting him from sitting within 10 metres of a cash machine. He was jailed for 30 days and ordered to pay a £150 criminal courts charge.
In one case reported by the local paper in Exeter, the Express and Echo, the judge, Alan Large, said he had to impose a £900 charge on a homeless man who had admitted shoplifting. The larger fee was because the case went to a higher court due to previous convictions.In one case reported by the local paper in Exeter, the Express and Echo, the judge, Alan Large, said he had to impose a £900 charge on a homeless man who had admitted shoplifting. The larger fee was because the case went to a higher court due to previous convictions.
The paper reported that, as the defendant was led away, the judge asked the courtroom: “He cannot afford to feed himself, so what are the prospects of him paying £900?”The paper reported that, as the defendant was led away, the judge asked the courtroom: “He cannot afford to feed himself, so what are the prospects of him paying £900?”
Frances Crook, chief executive of the Howard League, said: “These cases are a snapshot of a failing criminal justice system. Up and down the country, people are being brought to court for minor misdemeanours and being ordered to pay a mandatory charge regardless of their circumstances.Frances Crook, chief executive of the Howard League, said: “These cases are a snapshot of a failing criminal justice system. Up and down the country, people are being brought to court for minor misdemeanours and being ordered to pay a mandatory charge regardless of their circumstances.
“Some are homeless. Some have addictions. Many will be unable to pay. But the Ministry of Justice is poised to waste money it does not have on pursuing the debts. With more budget cuts on the way, ministers should be looking to shrink the system, not trapping more people in it for absurd offences.“Some are homeless. Some have addictions. Many will be unable to pay. But the Ministry of Justice is poised to waste money it does not have on pursuing the debts. With more budget cuts on the way, ministers should be looking to shrink the system, not trapping more people in it for absurd offences.
“We do not want to see the return of debtors’ prisons. It is time for an urgent review of this unfair and unrealistic sanction, which is doing nothing to tackle crime and, in all likelihood, is making matters worse.”“We do not want to see the return of debtors’ prisons. It is time for an urgent review of this unfair and unrealistic sanction, which is doing nothing to tackle crime and, in all likelihood, is making matters worse.”
An MoJ spokesperson said: “It is right that convicted adult offenders who use our criminal courts should pay towards the cost of running them.An MoJ 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.”