Criminal court charges anger lawyers

Lawyers fear new criminal court charges that will be paid by defendants if they are convicted of an offence could force more people into pleading guilty.

The charges came into force this week as a result of a clause in the Criminal Justice and Courts Act that was introduced in the final days of the last UK parliament.

It means that defendants convicted at a magistrates' court after entering a guilty plea will be charged £150, or £520 if they are convicted after a trial.

In the crown court, those admitting guilt will be charged £900, while those convicted after a trial on indictment will have to pay £1,200. Those convicted of a more serious offence at a magistrates' court following a trial will be charged £1,000.

Under the current system convicted criminals have to pay fines and costs arising from their case as well as a compulsory victim-of-crime surcharge of up to £120.

Many lawyers are concerned at the new charges. Jonathan Black, president of the London Criminal Courts Solicitors' Association, called it "another cynical attempt to push for quick-fix guilty pleas".

"We've seen it before with the initial legal aid proposals and it's the same motive cropping up again - to discourage trials and to restrict challenges to allegations - in the name of cost-cutting and efficiency," he said. "All this at a time when we're seeing growing numbers of unrepresented defendants. It's very worrying."

Andrew Caplen, president of the Law Society, said there were concerns that the charges had been introduced without consultation and that magistrates or judges had no discretion about taking into account a defendant's means when imposing them.

"People might be tempted into pleading guilty even if they have a good defence because they are frightened of the charges," he said.

Max Hill QC, criminal barrister and leader of the southeastern circuit, said: "These measures could ratchet up the pressure on individuals to plead guilty. There will be cases where individuals are so worried about the financial ramifications they feel under pressure to plead guilty," he said.

"An ordinary person charged with an offence of dishonesty, for example, might have a genuinely triable issue in their case and this places them under more pressure to plead guilty." he added.

Lawyers also questioned whether many convicted defendants - many of whom are on state benefits - will even be able to pay the new court fees.

Richard Monkhouse, chairman of the Magistrates Association, has already called on the government to review the charges in six months saying it might make it more difficult for magistrates to deal with cases.

In the UK since 2012, there have been attempts to encourage more guilty pleas in court by the introduction of an Early Guilty Plea scheme in some parts of the country. This gives defendants a reduction on any sentence passed.

The UK operates an adversarial legal system - where the prosecution battles against the defence team in court to prove its case against a defendant accused of crime.

However, recent cuts to legal aid have made it harder for defendants wanting to fight their case as many are no longer eligible for public funding. Under the new legal aid rules, the maximum threshold for receiving aid is available household income of £37,500 a year.

There is increasing concern among lawyers that legal aid changes could lead to an inequality of arms between the defence and a well resourced state prosecutor, which could encourage more people to plead guilty even if they have a good defence.

In other countries such as the US, most defendants already plead guilty. The US operates a plea-bargain system where much fewer cases go to full trial and an estimated 90 per cent of criminal cases are resolved by the defendants pleading guilty to some or all of the charges against them in exchange for concessions from the prosecutors.

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