New court charge sees judges cut compensation orders for victims

Compensation payments to victims of crime are being affected by a new charge imposed on criminals.

The Criminal Courts Charge introduced in April means convicted criminals in England and Wales have to pay up to £1,200 towards the cost of their case.

Radio 4's You and Yours has been told once the compulsory amount is imposed, Judges feel there is less available for victim compensation orders.

The Ministry of Justice said the charge should not affect payments to victims.

When announced the government said the fee would be paid on top of fines, compensation orders and defendants' own legal charges.

But in one GBH prosecution at Leeds Crown Court on August 19, Judge Christopher Batty outlined the impact of the new charge while setting a compensation order for a victim who had suffered three broken ribs and a punctured lung in an attack at a party in Castleford, West Yorkshire.

Setting a compensation order of £500, the judge said it was not possible to impose a higher amount because he had been obliged to impose the Criminal Courts Charge.

Court reporter Olwen Dudgeon told the programme: "He was clearly unhappy that he couldn't award the amount he would have liked to have done."

She said the charge had also had an impact during the prosecution of Andrew Shires, 37, of Holmfirth, who pleaded guilty at Leeds Crown Court to unlawfully wounding Chloe Knapton when he threw a vodka bottle through her car window.

The 21-year-old dancer suffered facial scars.

Ms Dudgeon said: "The Recorder Peter Babb made the £900 Criminal Courts Charge and knowing the defendant didn't have much money available said it's not possible to consider compensation - so again because £900 went on the Criminal Courts Charge she didn't get a penny in compensation."

The Magistrates' Association has warned the new charge could place a burden on people with little income.

It also suggested innocent people could be encouraged to plead guilty to avoid the risk of higher payments, as those who admit their offences will pay less than those convicted after a trial.

The government said the new charge would be reviewed three years after implementation, but the Magistrates' Association said it should be reviewed after six months.

President of the Law Society, Jonathan Smithers, said: "There are cases because of this change in policy where people are losing out, the victims who would otherwise have received compensation are not receiving it.

"Compensation orders are important because the criminal injuries compensation scheme is limited. This is a way for the judge to say 'you should have this without any further evidence'."

A Ministry of Justice spokesperson said: "It is right that convicted adult offenders who use our criminal courts should pay towards the cost of running them.

"We have always made it absolutely clear that offenders must pay compensation orders, victims surcharge and fines before the criminal court charge.

"The charge does not form part of an offender's sentence and magistrates and judges should not take it into account when awarding compensation to victims."