Shiremoor magistrate George Lyons reveals why he had to quit over new court fee
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Shiremoor magistrate George Lyons reveals why he had to quit over new court fee
North Tyneside magistrate George Lyons turns back on 15-years on the bench after after Criminal Courts Charge introduced
A magistrate told today why he just had to quit the bench after new court fees were introduced which he believes put justice in jeopardy.
After 15-years of passing judgement in North Tyneside, George Lyons has resigned to avoid having to impose the new Criminal Courts Charge on defendants, which he believes will financially force innocent people to plead guilty.
The 67-year-old, from Shiremoor told of his regret at leaving a role he loved and the reasons why he just could not support the new legislation.
He said: “I just wasn’t comfortable with it. People would be criminalising themselves just because it’s the cheapest option. Justice should not be about incentives.
“It certainly wasn’t an easy decision to step down. I wish I was still there, but I felt I could just not bring myself round to work with this new legislation.
“I’m really saddened to see the justice system go this way. I wish I was still able to be there and do what I was doing. It was something I felt very proud of. I was in a very privileged position.”
Since April criminal defendants have had to pay a new levy of up to £1,200 if they chose to stand trial, with fees potentially quadrupling if someone pleads not guilty and is then convicted.
Mr Lyons is among 20 magistrates across the country to have told the Magistrates’ Association they were resigning amid fears that the new legislation would not only criminalise the innocent, but would also leave the justice system saddled with ‘thousands of pounds in uncollectable fines’, as many serial offenders on low incomes will be unable to pay.
Mr Lyons was instantly concerned as soon as he saw details of the new fees.
“It all came out of the blue,” said Mr Lyons.
“It was just through a letter that we got that we found out the new legislation was coming in and what levels the fees would be set at. It was just three weeks before it was due to come in.
“I looked and I just didn’t like anything about it. I just didn’t feel comfortable. My first reaction was this new legislation would make people plead guilty on the basis of cost. Pleading guilty would be the cheapest option for them, rather than fighting their corner. And it is not means tested.
“It is supposed to make those people using the court system pay for the court system. But when you are right at the sharp end you see it’s nowhere near that.
“There are persistent offenders who owe the courts thousands of pounds already and this is just going to be put on the end.”
Magistrate George Lyons, who is resigning after financial changes in the legal system
Mr Lyons is also fearful that vulnerable people who become thieves because they can’t afford to feed themselves could be landed with unpayable fines, or that innocent people would end-up with criminal records rather than pay the fees.
“It’s ridiculous that someone who can’t afford to live will have to pay these charges. It’s just a vicious cycle for these people.”
Magistrates’ Association chairman Richard Monkhouse said he understood why Mr Lyons and other JPs felt so strongly.
“I can fully understand magistrates resigning over this. When courts impose fines, they take account of an offender’s ability to pay,” he said.
“Yet this charge offers neither judicial discretion nor means-testing at the point it is imposed and seeks to undo any attempts to be fair and proportionate.
“There are already reports of people under pressure to plead guilty, particularly as they increasingly find themselves acting for themselves.”
The Association has told justice secretary Michael Gove of their concerns and want the charge - which comes on top of any fines, compensation for victims, the ‘victim surcharge’, which funds victims’ services, or prosecution costs - to be reviewed after it has been in force for six months.
The fee starts at £150 for a guilty plea for a summary offence, rising to £180 for a guilty plea for a more serious, either way offence, where defendants have a choice whether to have their case heard at magistrates’ or crown court.
The surcharge increases to £520 for a conviction after a not guilty plea and trial for a summary offence and £1,000 for a conviction after a not guilty plea for an either way offence.
In the crown court, the charges are £900 for a guilty plea and £1,200 for conviction after a not guilty plea.
The charges have also been condemned by the Law Society, which represents 150,000 solicitors in England and Wales.
“We think that this charge is counterproductive and against the interest of natural justice,” said the organisation’s president Jonathan Smithers.
“It is a huge incentive for people to plead guilty when they may not be because these are significant amounts of money.”
The Government said it had introduced the charges because it “considers that convicted adult offenders who use our criminal courts should pay towards the cost of running them” - reducing the “burden” on the taxpayers.
http://www.chroniclelive.co.uk/news/north-east-news/shiremoor-magistrate-george-lyons-reveals-9961063
No justice and fascism just about here, what a fucked up country we live in these days.
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