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The Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015

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From 13th April 2015 defendants to a criminal charge who are found or plead guilty will pay up to £1,200.00 towards court costs under the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015.

These charges are being introduced as a new way for the government to fund the criminal justice system, and it is estimated that by 2020 the government’s coffers could be replenished to the tune of £135 million.

Will the Charges Apply to Businesses?

Although the wording of the Act refers to ‘a person’, it is likely that the courts will interpret this to mean any defendant. Therefore, Corporations pleading guilty to or being convicted of a criminal offence are likely to be required to pay the charge.

How Much Will the Charges be Under the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015

The amount a defendant will have to pay will range from £150 to £1,200.00, and it will be mandatory to impose the charge on anyone convicted in either a Magistrates or the Crown Court.  The court is not required to give any consideration as to whether or not an individual or a corporation can afford to pay the charges.

It would not be unreasonable to speculate that the maximum charge will be imposed on corporations.

If you have any questions relating to the new charges under the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015, please phone our London office on 0207 993 6960.

Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on: +44 (0) 207 993 6960.

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