Is The British Motorist An Easy Target?

The Government risks incurring the wrath of motorists across the country if proposals outlined become law

. By increasing both the amount and scope of the surcharge to meet Ministry of Justice funding commitments, the Government is seeking to raise the amount of money it receives from motoring offences in the form of the controversial 'victim surcharge'. The proposals were originally set out by the last Government and it had been thought likely that a change of Government would see the end of the proposals. Is this the latest example of the motorist becoming an easy target?

The Victim Surcharge

The 15.00 Victim Surcharge is levied on every fine imposed in the courts of England and Wales. The original intention in 2007 when the surcharge was introduced was that the sum should be levied in any case where the court imposed a sentence. The victim surcharge is now only levied on court fines. The surcharge is controversial because in motoring cases there is no appreciable victim. Motoring groups and other opponents argue that it is unfair to impose a surcharge in this way and that once again the motorist is pursued because they are an 'easy target'. So are they right? Is it fair? Certainly the fact that the surcharge is only levied on fines imposed by courts does seem to be an anomaly given the stated aims of the surcharge. If the surcharge is to go towards victims of crime in general rather than in those cases where there is an actual victim then, it must surely be right for all persons found guilty of a crime to pay that charge.

The Government has suggested increasing the victim surcharge from 15 to as much as 30. It is believed that this would raise 18 million. The Government is also considering widening the scope of the victim surcharge to include offences that do not even reach court such as parking tickets or fixed penalties. It is believed that last year more than three million drivers received fixed penalties for offences of speeding. We anticipate that this is perhaps the most controversial aspect of the proposals.

What about other possible measures?

In times of austerity it is important to look at all ways in which funds can be found. Whilst no one would deny that funding is necessary for projects that provide vital services for the victims of crimes such as rape, it is important that thought is given to as many different ways of raising this money as possible. For instance at present, it is estimated that the courts are owed some 1.3 billion in unpaid compensation orders and fines. Indeed it won't have escaped many motorists' attention that motorists are amongst those individuals who are most likely to pay their fines. In our view, resources need to be channelled into improving the way in which money that the courts are already owed is collected rather than taking what to many motorists is the 'easy option' of increasing fines in this way.

Given it was only in the last month that The Law Society won its case for Judicial Review of the Regulations seeking to limit the amount of costs successful litigants in criminal cases could recover, the Government would be wise to act carefully when seeking to legislate in this area. Public confidence in the system / process is vital and the more the Government seeks to target motorists without apparently considering other, potentially more lucrative sources of income, the greater will be the risk that the trust and confidence will disappear.

Is The British Motorist An Easy Target?

By: Philip Somarakis

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