Take That Hit

Dan Bloom writes:

Dozens of magistrates are quitting in disgust at a Tory scheme they say forces the poorest innocent people to plead guilty.

Around 50 JPs have quit their roles since the criminal courts charge came into force in April, hitting small-time criminals with fees of up to £1,000.

Magistrates say they weren't consulted properly over the fees, which are charged on top of other fines and aren't linked to whether people can afford them.

And the fines are up to five times higher if defendants say they're innocent but are found guilty later. That means many are tempted to bite the bullet and accept a conviction, experts say.

The scheme was launched by Tory ex-justice secretary Chris Grayling - and his replacement Michael Gove is already having to review it.

The chairman of the Magistrates' Association warned today he knew several cases where defendants have pleaded guilty even though they say they're innocent.

Richard Monkhouse told the Mirror the fee structure was 'just ridiculous'. 

He added: "In the whole scheme of things it just sounds wrong. It's just unfair. 

"If someone's charged with shoplifting and it's one word against the other they may think 'I didn't take this'.

"But when they come to court and they're not represented by a lawyer, which is more common because of legal aid cuts, they will take that hit. 

"It's going to hit people on a low income much harder than it hits people on a high income. 

"Something like £500million is owed in the court system and most of these people are only paying back £5 a week because that's all they can afford." 

The fees start at £150 to £180 for criminals who plead guilty in magistrates' courts.

But if defendants plead not guilty and are convicted after a trial, the fees rise to £520 for low-level offences or £1,000 for medium or high-level ones.

After a crown court trial the fee is £1,200, despite the vast difference in the cost of low-level and high-level courts.

Crown court trials involve barristers and can take months while at magistrates' courts they are usually over within a few days.

New justice secretary Michael Gove told MPs he'd review the charges this week - despite them running for less than six months.

SNP MP Kirsten Oswald slammed the 'ludicrous' scheme, saying victims included 'a man who stole three bottles of baby milk and a homeless man who stole a bottle of Red Bull'. 

Mr Gove replied he had been 'made aware of widespread concern' but added the charge is only taken after other fines are paid.

He said: "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."

A Ministry of Justice spokeswoman said Mr Gove was referring to a review that will begin in April 2018, and was already written into the legislation implementing the criminal courts charge.