England: magistrates imposing weaker sentences to mitigate courts charges

Magistrates are giving criminals lower sentences on purpose to avoid imposing controversial courts charges The Times reports.

A survey by the Magistrates’ Association to the Commons Justice Committee found that 70 per cent of magistrates had seen cases where the charge, which has attracted widespread ire from the profession, resulted in a different or lesser sentence.

Of those surveyed, 93 per cent thought the charges unfair and disproportionate and that they disregarded a convict’s ability to actually pay them.

The fines can reach as much as £1,000.

Over 50 magistrates have retired from their positions over the mandatory charges.

Last month a magistrate in Leicestershire retired after trying to pay the charge of an asylum seeker himself.

The survey warned the charges will increase the courts’ unpaid fines bill which is already at £571 million.

Richard Monkhouse, chairman of the association said: “Magistrates overwhelmingly want to see this mandatory charge fundamentally reformed so it can be means-tested and applied with judicial discretion.

“We have never seen such a strength of feeling on an issue like this before.”