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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.’
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Born from a grievance, their research project grew into a book and is now challenging the status quo. Emma Price and Emma-Louise Fenelon reveal the key findings – and the critical next steps
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
