England: Justice Select Committee calls for scrapping of court fees in scathing report

Westminster’s Justice Select Committee has called for the abolition of the criminal courts charge “as soon as possible” in a damning assessment of the costs.

The mandatory payment of up to £1,200 imposed on all convicted persons creates “perverse incentives” for defendants to plead guilty according to the committee.

MPs said judges and magistrates have no discretion to vary the charges and that they undermine awards made to victims.

Committee members added that if the Ministry of Justice (MoJ) refuses to get rid of them they should “radically reduce the levels of the criminal courts charge” and give courts the power to vary sums or even to decide whether they should be enforced or not.

It went on to add it had “grave misgivings about whether the charge as currently framed is compatible with the principles of justice”.

The charges were introduced by Chris Grayling, the former Justice Secretary in the final months of the last Parliament.

His successor, Michael Gove, has already undone some of Mr Grayling’s work such as the ban on prisoners receiving books and has said he would also like to scrap the charges.

Of those who submitted evidence to the committee, among them senior judges, only the MoJ was in favour of retaining the charges.

Conservative MP, Bob Neill, a barrister and chair of the committee, said: “The evidence we have received has prompted grave misgivings about the operation of the charge, and whether, as currently framed, it is compatible with the principles of justice.

“In many cases it is grossly disproportionate, it fetters judicial discretion, and creates perverse incentives – not only for defendants to plead guilty but for sentencers to reduce awards of compensation and prosecution costs. It appears unlikely to raise the revenue which the government predicts.

“It creates a range of serious problems and benefits no one. We would urge Michael Gove to act on our main recommendation and abolish it as soon as possible.”

Malcolm Richardson, national chairman of the Magistrates’ Associationsaid: “Our members will be encouraged by this news and hopefully it signifies the beginning of the end for the charge as it currently stands.

“My post bag attests to how strongly magistrates feel about the charge and its perverse influence on fairness in court. Because Mr Gove has shown he’s willing to reform justice policy, we now eagerly await the government’s response.”

An MoJ spokesperson said: “As the Justice Secretary has said, we note the concerns which have been expressed and are keeping the operation of the charge under review.”