Out-Law News 2 min. read

Those convicted of regulatory offences in England and Wales face additional criminal court fees from next week


Individuals and companies that plead guilty in or are found guilty by a Crown Court or Magistrates' Court will face additional fees of up to £1,200 from next week.

The new 'criminal courts charge' will be imposed on top of fines, prosecution costs and other charges, regardless of the seriousness of the offence or the ability of the convicted party to pay. They will be payable by adult and corporate offenders in respect of offences committed on or after 13 April 2015, with different levels of fee applicable depending on whether the convicted party pleads guilty or is found guilty by a jury or magistrates.

The charge will "make it possible to recover some of the costs of the criminal courts" from convicted adult offenders that use them, "reducing the burden on taxpayers", the Ministry of Justice has said. It intends to review the impact of the new charge three years after implementation.

Regulatory law expert Emma Evans of Pinsent Masons, the law firm behind Out-Law.com, said that although the level of the new fee would not itself have a major impact on most companies found guilty of breaches of health and safety or environmental laws, they still amounted to a "further financial consideration" on top of what could already be substantial costs and defendants need to be fully aware of this additional levy

"These changes will mean that defendants who plead or are found guilty will be further penalised with a fee to contribute to 'the running costs of the court', notwithstanding the seriousness of the offence or their means," she said. "This will come on top of their own legal costs, prosecution costs (which can be substantial in complex cases), the court imposed fine and a victim surcharge of up to £120."

"There is no discretion for the court to reduce or remit the fee if a defendant finds itself in court for the first time, or merely prosecuted on a technicality. In most cases, companies do not find themselves prosecuted due to a reckless or blatant disregard for the law. Even so, these new charges will still be levied against them," she said.

The charge was introduced under the Criminal Justice and Courts Act, and the level of the charges were set out in Regulations that were approved by the UK Parliament just before it was dissolved at the end of March. Those convicted of summary offences in the Magistrates' Court will be charged £150 if they plead guilty or £520 after trial; while those convicted on indictment in the Crown Court will be charged £900 if they plead guilty or £1,200 after trial. Convictions for 'either way' offences will be subject to a £180 charge after a guilty plea in the Magistrates' Court, or £1,000 after a Magistrates' Court trial or £1,200 after a Crown Court trial.

"The additional financial burden on defendants convicted of regulatory offences does not sit comfortably with companies that, in October 2012, lost their automatic right to recover their legal costs if acquitted, by way of a defence costs order," said health and safety law expert Kevin Bridges of Pinsent Masons. "If the position is that those convicted of offences should pay towards the costs involved in bringing them to justice, then justice and fairness would suggest that those wrongly prosecuted should be entitled to recover their costs in defending themselves following an acquittal, a right lost by the vast majority of defendants in 2012."

"Whilst the various charges to be imposed are not substantial for many large corporate defendants, the fact there is to be an additional layer of charges is something else they should be made aware of. For individuals, small and medium sized business, the additional charges will have a proportionally greater impact," Bridges said.

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