Court Charges (Access to Justice)

Debate between Tulip Siddiq and Keir Starmer

Tuesday 17th November 2015 Westminster Hall

[Tulip Siddiq]

Absolutely. I secured the debate because I am worried about access to justice for people from poor socioeconomic backgrounds. I will touch on that later.

The court charges were introduced by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. They have had a dramatic impact on the number of cases going to court. I am particularly worried about tribunal numbers, which have plummeted, and the number of discrimination and unfair dismissal cases, which seems to be going down. I am concerned that the charges are in effect an attack on the most vulnerable in our society. I say the most vulnerable, because statistics show that sex discrimination cases brought by women have gone down by 80%. Similarly, if we compare the first few months of 2014 with the same period in 2013, the number of race discrimination cases has gone down by 60%.

Access to the court system is not, as the Government have put it, part of the welfare state. I prefer to agree with the Law Society, which said that the court system should be seen as

“part of the…rights and duties that give…resilience”

to the society that we live in. I do not doubt that our centuries-old court system needs some reform, but we need to think carefully before proposing those reforms. The Government would do well to remember their responsibility to enable every citizen to be treated equally before the law, whether they are a defendant, a victim or another party.

It is important to consider the effect that the criminal courts charge is having on poor defendants, as my hon. Friend the Member for Torfaen (Nick Thomas-Symonds) mentioned. Despite the lack of quantitative data at my disposal, a lot of anecdotal evidence has been brought to light, especially by organisations such as the Howard League, revealing that this charge is not only intolerable in its consequences but will in no way recover the money that the Government talk about.

[Keir Starmer (Holborn and St Pancras) (Lab)]

In the light of the failure to consult before the criminal charge scheme was introduced; the clear concerns of judges, magistrates and the whole legal profession; and the likelihood that this will add to the problem, rather than solve it, does my hon. Friend agree that this scheme should be reviewed this autumn, as the Howard League argues, rather than in three years?

[Tulip Siddiq]

I absolutely agree with my hon. and learned Friend, who has a lot of experience in this field. That is something I raised with the Justice Secretary when I asked him in the Chamber a few weeks ago why this absurd policy had been signed off in the first place, and he said that it was under review. We should not wait three years, while the reform has dramatic effects on the most vulnerable in our society. We should move the review forward; if the scheme is under review, that should be done immediately, and we should not procrastinate.

Let me highlight what I find most concerning about this charge and what has struck me. This charge will put pressure on people to plead guilty because they are worried about financial costs. If someone pleads guilty early on, they are less likely to incur costs than if they say and then maintain that they are innocent, and are found guilty later down the line. That will inevitably put pressure on people to plead guilty. I want to read out some of the figures, to hammer this home. The charge rises from £150 for a guilty plea for a summary offence in a magistrates court to £520 for a conviction after a not-guilty plea. The charge at Crown court is £900 for a guilty plea and £1,200 for a conviction after a not-guilty plea. Think about the constituents who live on the estates of Hampstead and Kilburn, the constituency I am so proud to represent in this House. They would not be able to afford those fines.

--- Later in debate ---

[Tulip Siddiq]

Absolutely. If we look at the money we have managed to claw back, it shows why this policy should be scrapped. It should not take three years to review it, because we have the evidence, as my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) said.

I rarely agree with Conservative Members of the House, but I agree with the Chair of the Select Committee on Justice, the hon. Member for Bromley and Chislehurst (Robert Neill), who said on Radio 4 that the charge

“does seem to be distorting the way in which people behave in court…defendants might plead guilty to save the cost of the charge when otherwise they would not have done”.

That is from a member of the Conservative party. I could not agree more with him.

In 21st-century Britain, we should be appalled by the miscarriage of justice, especially when defendants are foregoing their freedom due to financial constraints. To pick up on a point made by my hon. Friend the Member for Torfaen, in some magistrates courts about 80% of defendants are dependent on state support to meet basic living costs, which makes this issue even more pressing. The charge means that poorer defendants are likely to make a different decision from the one they would have ordinarily made. That means we risk their voice being at best constrained, and at worst shut out from our justice system.

[Keir Starmer]

Does my hon. Friend agree that this cuts across the principle we have had in our criminal justice system for many years of being willing to reduce a sentence for an early guilty plea, because we are setting our face against increasing the consequences for not pleading guilty?

[Tulip Siddiq]

Again, I draw on my hon. and learned Friend’s experience in the legal world. I absolutely agree with him, and I hope the Government will listen to his interventions today, because I do not think anyone could be better equipped to help the Government at this point than him.

What is even more frustrating is that we are unable to place a specific figure on the increase in the proportion of guilty pleas at first hearing at the magistrates court. Until recently, quarterly criminal court statistics routinely included that figure. While the Government may be reticent about taking on board demands for revision, they must strive to make those figures available so that the extent of the recent phenomenon can be made public. I urge the Minister to be transparent about the impact this reform is having.

My hon. Friend the Member for Caerphilly (Wayne David) mentioned that 50 magistrates have resigned since the implementation of this policy. Let us listen to the experts and judge them by their actions. The Magistrates Association claimed in written evidence to the Justice Committee that

“the lack of judicial discretion means that the charge…is not in accordance with the principles of justice.”

My second concern is that the charge is producing fines that are disproportionate to the minor offences for which defendants are often charged. For generations, magistrates imposed financial penalties in accordance with how severe the crime was and the defendant’s ability to pay, which my hon. Friend the Member for Neath (Christina Rees) mentioned. The mandatory charge can account for 50% or more of the total, placing enormous anxiety and stress on individuals who sometimes have been driven, in despair, to commit crimes. I am not saying we should not punish criminals, but the importance of judicial discretion cannot be underestimated.

I would like to give one example from Highbury Corner magistrates court, where a lot of Hampstead and Kilburn’s constituents are tried. The defendant in question had no savings, no income and a drug addiction. He was put in the docks of Highbury for stealing a couple of steaks and 70p lollipops. He was told he should plead guilty, because the charge would be £150, whereas if he was found guilty further down the line, it would rise to £1,000. Of course, he pled guilty. The reporters at the case wrote that he sat there with “sunken cheekbones”, his shirt falling off his back, and he knew that he would in no way be able to pay the court fees imposed on him. The charge was £150, with a £65 victim surcharge and further costs of £85, which came to £295 for a man who the judge said needed 12 months of rehabilitation and community service. There is no way he will be able to pay that back. Is this a system that works for people? Should we not be looking at these vulnerable people who cannot afford to pay the fees we are imposing on them? Is this the future we want for our criminal justice system? It is surely time the Government realised that this policy is not fit for purpose and needs to be reviewed.

I want to ask the Minister a few questions. First, we have been told that the Government are listening, which is a good sign, but can we ensure the review is brought forward? May I have an answer to my original question to the Justice Secretary: how did this absurd policy get signed off in the first place? Secondly, in the medium term, will the Government disaggregate the statistics that are due in December, so that we can see exactly how little is being paid back and how much the policy is costing taxpayers in administrative costs?

A lot of Members in this House and in this Chamber today came into politics because they believed in the values of equality, fairness and social justice. If we carry on in this way, we will create a legal system in which people with money will have access to justice and those without will be shut out. That is not the kind of society we want to live in; we want to live in a society that has equal access to justice, and we need to be very careful, because we are in danger of hitting the most vulnerable people in our society with the legal reforms that are being proposed. I ask the Minister to respond to my questions, and I urge him, once again, to listen to all the Opposition Members who have made points.