Steep rises in criminal and civil court fees are putting access to justice beyond the reach of most people and “imperilling a core principle of Magna Carta”, the lord chief justice has said.
In a highly critical speech, Lord Thomas of Cwmgiedd has drawn attention to the impact of the mandatory criminal courts charge and increases in costs for civil claims.
Thomas’s comments come as parliament’s justice select committee prepares to launch an inquiry into the criminal courts charge, which requires those convicted to pay up to £1,200.
The charge, which came into force in April, was introduced by the previous justice secretary, Chris Grayling. Civil liberty groups have accused the charge of encouraging the innocent to plead guilty because costs rise for defendants who fight a case and eventually lose.
More than 50 magistrates in England and Wales have already resigned in protest at the charge, according to the Magistrates Association. Many doubt whether much of the debt will be collected as a significant number of defendants are too poor to pay.
The Ministry of Justice has defended the criminal courts charge on the grounds that convicted adult offenders should pay towards the cost of running the courts.
The lord chief justice’s speech – the Legacy of Magna Carta: Justice in the 21st Century – given to a legal audience in New Zealand last month, was only released on Thursday.
“We have seen in England and Wales significant increases in court fees and the introduction in April of this year of mandatory fees to be paid by those convicted of crimes (either by plea or verdict),” Thomas explained.
“Whilst the judiciary has taken the view in modern times that modest fees in civil, family and tribunal cases are permissible and in accordance with the provisions of Magna Carta – and has made powerful submissions about the level of fees – it has left the balance as a matter for parliament to determine.
“Nonetheless the scale of court fees, together with the cost of legal assistance, is putting access to justice out of the reach of most, imperilling a core principle of Magna Carta. It is something that the judiciary, working with the executive and legislative branches of the state, needs to address.”
In its submission to the select committee inquiry, the Howard League for Penal Reform highlighted the fact that the criminal courts charge is not means-tested and magistrates have no discretion about applying it.
The organisation has branded it as “unfair, unrealistic and unjust” and called for it to be suspended. It added: “The criminal courts charge allows for imprisonment of those who cannot pay the money they owe. The government’s impact assessment predicts £5m a year will be required on the additional places required.”
One judge in Truro, Christopher Harvey Clark QC, told a defendant as he imposed a £900 charge: “The charge has no bearing on your ability to pay. It is totally inappropriate for people of no means to have to pay this charge. It happens to be current government policy but as an independent judge I regard it as extremely unfair.”
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