The Magistrates’ Association (MA) has published a position statement cautioning of the disproportionate impact two recent Ministry of Justice (MOJ) changes to the victim surcharge are likely to have on those with low incomes or in receipt of Universal Credit.
Becoming law on 16 June 2022 and affecting any offences committed on or after this date, the amends:
- increased all surcharge rates by 20 per cent (rounded to the nearest pound)
- removed the minimum £34 and raised the maximum £190 rates that accompanied a fine, increasing the former from 10 to 40 per cent of the fine and the latter to £2,000.
The MOJ consulted on these changes, which were part of a pre-election manifesto commitment in 2019, as part of its ‘Delivering Justice for Victims’ consultation that took place earlier this year. Seventy-six per cent of respondents agreed with the 20 per cent rise, which had been forecast to raise an extra £20 million by 2025, saying it would:
- hold offenders accountable and deter offending
- help fund victims’ services
- cover other criminal justice costs
- account for inflation.
However, the MA opposed the rise on the basis of anticipated disproportionality. The measure’s own Equality Impact Assessment also acknowledged that “increasing the surcharge may cause more financial hardship for offenders of Black and mixed ethnicities than offenders of other ethnicities.”
In response to the enactment of these new measures, the charity is planning further related advocacy activities.
