*/
The controversial criminal courts charge would be ditched from 24 December 2015, the Lord Chancellor announced.
In a written statement, Michael Gove said that the Ministry of Justice will review the entire structure and purpose of the ‘complex and confusing’ financial penalties.
He said the review will seek to give judges greater discretion in setting financial penalties, make fines a more effective sentencing tool and ensure the money raised goes to meet court running costs.
More than 50 magistrates have resigned since the mandatory charge levied on all convicted offenders was introduced by Gove’s predecessor, Chris Grayling, last spring.
Gove stressed that the principle behind the policy – that those who have broken the law should bear some of the costs of running the criminal courts – is right. But, as the justice committee, which called for its abolition, pointed out in its critical report in the autumn, concerns have been raised, including from the Lord Chief Justice, Lord Thomas of Cwmgiedd, about how it has worked in practice.
‘Our review will consider alternative ways of ensuring that criminals pay their fair share,’ said Gove.
Welcoming the change, Bar Council Chairman, Chantal-Aimée Doerries QC, said: ‘The charge created a perverse incentive to plead guilty, negated the principle of judicial discretion, reduced compensation awards and was never likely to raise the funds anticipated.’
She added: ‘The Ministry of Justice has clearly listened very carefully to members from both Houses and from across all political parties, as well as to the legal profession, and others who have campaigned on this issue.’
The controversial criminal courts charge would be ditched from 24 December 2015, the Lord Chancellor announced.
In a written statement, Michael Gove said that the Ministry of Justice will review the entire structure and purpose of the ‘complex and confusing’ financial penalties.
He said the review will seek to give judges greater discretion in setting financial penalties, make fines a more effective sentencing tool and ensure the money raised goes to meet court running costs.
More than 50 magistrates have resigned since the mandatory charge levied on all convicted offenders was introduced by Gove’s predecessor, Chris Grayling, last spring.
Gove stressed that the principle behind the policy – that those who have broken the law should bear some of the costs of running the criminal courts – is right. But, as the justice committee, which called for its abolition, pointed out in its critical report in the autumn, concerns have been raised, including from the Lord Chief Justice, Lord Thomas of Cwmgiedd, about how it has worked in practice.
‘Our review will consider alternative ways of ensuring that criminals pay their fair share,’ said Gove.
Welcoming the change, Bar Council Chairman, Chantal-Aimée Doerries QC, said: ‘The charge created a perverse incentive to plead guilty, negated the principle of judicial discretion, reduced compensation awards and was never likely to raise the funds anticipated.’
She added: ‘The Ministry of Justice has clearly listened very carefully to members from both Houses and from across all political parties, as well as to the legal profession, and others who have campaigned on this issue.’
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt