Absolute shambles!

Magistrates decline to impose controversial new court charge

NEWBURY magistrates have allowed a convicted defendant to walk from court with an absolute discharge, rather than impose a controversial new charge.

Since April, magistrates across the nation have been told that they must impose a mandatory criminal courts charge of up to £1,200 on anyone convicted of an offence, whatever the defendant’s circumstances might be.

The charge was introduced by the Ministry of Justice without consultation and is in addition to other levies such as prosecution costs – typically £85 for a guilty plea – and a victim surcharge of between £15 and £100.

In August, the Howard League for Penal Reform called for an urgent review of the new charge. In a statement, the charity claimed it puts pressure on people to plead guilty, as it rises from £150 for a guilty plea to £520 for a conviction after trial.

In addition, the charge removes discretion from magistrates and the chief executive of the charity, Frances Crook, branded it a symptom of a “failing justice system”.

He added: “People are being brought to court for minor misdemeanours and being ordered to pay a mandatory charge regardless of their circumstances. The poor will find themselves entrenched in their poverty by these criminal charges.”

The Ministry of Justice is also under fire for slashing legal aid budgets and seeking to close courts, including West Berkshire Magistrates’ Court, to save money.

On September 10, 51-year-old Robin Webb admitted possessing a small amount of cannabis at his home in Howarth Court, Greenham, on August 26.

Sarah McKay, prosecuting, said he had inadvertently opened the door to police with a cannabis joint in his hand.

Mike Davis, defending, said: “He knows it’s unlawful but finds it helps him get through life.

“He smokes at home occasionally and doesn’t involve anyone else.

“If you give him a conditional discharge he will still have to pay the £150 criminal courts charge – that’s an awful lot for a tiny amount of cannabis.

“If you were to give him an absolute discharge he wouldn’t have to pay it.”

An absolute discharge means no further action is taken and is rarely used.

After conferring with colleagues, presiding magistrate Robert Lynch said they concurred with Mr Davis’ view and granted the absolute discharge.

Mr Lynch said: “That’s only the second time in 10 years I’ve done that.

“There are no costs to pay because of your circumstances – and because of the absolute discharge, you won’t have to pay the £150 criminal courts charge.”