The process used to prosecute TV licence fee violations needs reformed to “protect vulnerable people”, magistrates are urging Government ministers.
Those who fail to pay the licence fee face being hit by a fine and prosecuted under Single Justice Procedure (SJP).
SJP allows magistrates’ courts to deal with minor offences without a court having to hear the matter, which includes non-payments of the television licence.
TV Licensing, the body in charge of administering the levy, has the power to send letters to households and investigate those who they believe are not paying the fee.
Other bodies which would be impacted by reforms to SJP include the Driver and Vehicle Licensing Agency (DVLA).
Anyone who watches live television programming, streams live content or watches BBC iPlayer needs to pay for the TV licence which currently costs £169.50 a year.
Have you been wrongfully prosecuted for not paying the licence fee? Get in touch by emailing money@gbnews.uk.
Magistrates are pushing for reform of Single Justice Procedure which could impact TV Licensing
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Revenue generated from the charge is used to partially pay for BBC shows and services, including television, radio and online.
However, magistrates have claimed the process to prosecute people under JSP is targetting “some of society’s most vulnerable”.
Mark Beattie JP, the national chair of the Magistrates’ Association, cited the organisation’s support for Single Justice Procedure but urged the Government to introduce reform.
He explained: “Every year it spares thousands of defendants the ordeal of having to attend court for minor offences, and it allows for more efficient use of court time, which means speedier justice and a focus on more serious offences.
“However, it is not a perfect system. While the vast majority of cases are handled effectively by the SJP, our members—magistrates who decide on SJP cases—have told us about flaws in the way it operates and the harm that this can have on some of society’s most vulnerable people.
“It is clear to us that reform, as well as additional investment in training and transparency, is needed, to restore public confidence in the Single Justice Procedure.”
As part of this call to action, the Magistrate’s Association put forward 12 recommendations to make the procedure “fairer, more consistent and more open”.
These include making sure prosecutors, including TV Licensing, see all pleas and mitigations from defendants before the cases are heard by the magistrate.
Furthermore, the recommendations include introducing new safeguarding measures to the Single Justice Procedure process.
This is to ensure that neither magistrates nor their legal advisors feel any pressure to process cases more quickly than they want to.
On top of this, the member’s association suggested the Government should make provision for accredited journalists to sit in during Single Justice Procedure proceedings.
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GETTYAs well as this, the magistrates group is pushing for greater transparency by publishing more data on the SJP, including how many defendants have pleaded guilty and how many make no pleas.
A Ministry of Justice spokesman said: “Only uncontested and non-imprisonable offences are dealt with under the Single Justice Procedure.
“Magistrates are always assisted by a legally qualified adviser, defendants can choose to go to court if they want to, and the details of their case are published to provide transparency.
“We have noted the Magistrates’ Association’s report and will carefully consider its recommendations.”