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UK: Panic on the bench

01 March 1993

The Criminal Justice Act 1991, in force since the end of last year, has thrown the criminal justice system into confusion. 30 magistrates have resigned in protest at the Act, which they say ties their hands in sentencing. The complaints focus around two innovations, 'unit fines' relating financial penalties strictly to ability to pay by a tariff, which has resulted in fines of £1200 for throwing litter, £500 for illegal parking, and £16 for possession of cannabis (which sounds like a fairly ecologically sound tariff system); and "disregard of previous convictions",
which magistrates say prevents them from sending deserving offenders to prison. The Lord Chief Justice echoed their complaints that the Act was "an ill-fitting strait-jacket" in a speech at the end of March, and home secretary Kenneth Clarke has agreed to have another look at the Act.

The new provisions were designed as an answer to public anger that fines appeared to be imposed without regard to defendants' means that magistrates were frequently punitive in their sentencing taking more notice of previous convictions than of the current offence and primarily that magistrates' court sentencing was a complete lottery, with no consistency. They were passed after magistrates repeatedly disregarded Home Office circulars pleading with them not to send so many people to prison, since there wasn't room, and to try to be more consistent in their sentencing. Suggested guidelines were sent round, and blithely disregarded. Now, with the paths of persuasion and compulsion alike rejected how will the Home Office control the rebel magistrates?

Independent 22 29.3.93.