New Criminal Court Charges
2015
On the 19th March the Government laid a commencement Order in Parliament enacting several sections of the Criminal Justice and Courts Act 2015, including provisions relating to 'Criminal Court Charges'.
With effect from the 16th April adults pleading guilty or being found guilty at trial in the Magistrates' or Crown Court will be subject to mandatory charges up to £1,200, subject to a few narrow exemptions. In addition, those who are unsuccessful in an appeal against conviction or sentence, including an application for leave to appeal to the Court of Appeal will also face these charges.
In an fact sheet issued by the Ministry of Justice, the Government stated a desire to see adult offenders who use the criminal courts pay towards the cost of running them, the Criminal Court Charge is one mechanism for extracting money from 'users'.
A Client facing a fixed penalty notice will now have to factor in to their decision the potential costs order that could be imposed if found guilty after a trial in the Magistrates' Court (£150) when deciding whether to contest the notice.
These changes follow the recent abolition of upper limits for many fines associated with Licensing offences, upon which we previously reported.