I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

VICTIM SURCHARGE

 03. Jan. 2010. – 15:53:15

It seems to this observer that the government with grand owl Gordon on the top branch has made himself more of a twit than a toowitt tawooooo. He has decided to raise a few million measly quid by increasing the numbers of non criminals who will now be subject to the Victim Surcharge of £15 previously applied only to those fined after conviction at court. These "criminals" will be eg those given Fixed Penalty Notices for parking violations, speeding, having a tyre in poor condition etc. Certainly these offences are against the law and sometimes cause danger to other road users but in general terms the offenders cannot be labelled "criminals". The name Victim Surcharge itself is a deceit. Money raised does not go directly to "victims" as some would have us believe. It funds "services for victims". The money raised £3.8 million in 2007-08, the year of introduction, and £8 million in 2008-09 was much less than 50% of expected receipts. In EXPLANATORY MEMORANDUM TO THE CRIMINAL JUSTICE ACT 2003 (SURCHARGE) ORDER 2007 No. 707 it is written,

"7.13 Once fully operational, it is estimated that levying the surcharge on fines or a combination of a fine and compensation order (in either case with or without costs) in this way will generate some £16m a year (net of the costs of collection). If the number of fines increases or decreases, the surcharge raised will be correspondingly more or less. Similarly, if the success of enforcement increases or decreases, the surcharge raised will be more or less. The surcharge income will be allocated to the Home Office, the Department for Constitutional Affairs and the Office of the Attorney General to fund more and better services for victims of crime and witnesses.

So this government once again couldn't`t get its sums right for the simple reason that the great civil service brains who did the arithmetic did not realise that more than half of all fines imposed do not get paid and many others are remitted ie written off. But that`s just a sideshow when considering the principle. Motorists are being taxed on their mistake; pure and simple.

This is not something hastily brought in to add to depleted Treasury funds. It was clearly set out in the original discussion papers. Only then G.Brown and Co did not think they would be fighting for their ministerial lives. What chance of their re-election when this totally outrageous tax is sneaked in disguised as help for victims.?

To answer the question posed in my previous post the lowest age to be a magistrate is 18.

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