Magistrates avoid imposing controversial new charge (again)

Man kept in 'custody' for morning session

NEWBURY magistrates found an innovative way to avoid imposing a controversial new court charge.

They told Louis Charles Davies that the time he spent waiting for his drunk and disorderly case to be called on would count as time spent in custody – and he was therefore free to go.

Since April, magistrates across the nation have been told that they must impose a mandatory criminal courts charge of between £150 and £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.

The Howard League for Penal Reform claims some magistrates have resigned rather than be forced to impose the charge on those deemed unable to pay.

As reported in last week’s Newbury Weekly News, earlier this month Newbury magistrates allowed a man convicted of cannabis possession to walk from court with a rare absolute discharge, rather than impose the new charge.

On Thursday, September 17, Mr Davies, of Mill Lane, Newbury, admitted being drunk and disorderly in the town’s Market Place on August 28.

Sally Thomson, defending, said her client and his mother had been thrown out of their home for rent arrears and both were currently living at the Two Saints hostel in Newtown Road, Newbury.

She added: “He is struggling with hundreds of pounds in arrears and he has completely given up drinking.”

The court clerk told magistrates that the 21-year-old already owed more than £1,000 in court costs and fines from previous alcohol-related offences.

After being reminded of the minimum £150 criminal courts charge plus £85 costs and £15 victim surcharge the offence would usually attract, even with a conditional discharge, magistrates took a few moments to confer.

Afterwards, they told Mr Davies he was nominally being fined £50.

But presiding magistrate Brenda Harding added: “However we will consider that paid if you are held here until lunchtime. That way you will not incur costs or the criminal courts charge.”

Mr Davies waited the remaining 45 minutes within the court precincts until the bench rose for lunch and then left without incurring any further penalty.