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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.’
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
