Every defendant convicted of a crime may have to contribute to the cost of court hearings moving forwards following a policy change made at the start of June.
Under the new guidance, the Law Officers’ Department, which handles criminal prosecutions, will apply for all convicted defendants in criminal cases to contribute to prosecution costs – whether they pleaded guilty or were convicted after a lengthy trial.
The lowest amount has been set at £150 for less serious Magistrate’s Court hearings and reaching potentially thousands of pounds for the most serious cases.
In a June newsletter, the island’s lawyers were warned that they would now have to be prepared to address the courts on costs after a guilty plea or when someone is convicted and were told they would have to show evidence of their client’s income.
The lowest amount which could be requested by the prosecution is £150 for a guilty plea in the Magistrate’s Court with no more than two hearings. If a defendant appears more than twice, the LOD will ask for £300 or more.
All the amounts published were minimum figures – with the LOD warning that in some cases, including where companies are prosecuted, “substantial” costs may be incurred. At the same time, the department said no one should be charged more than they are able to pay.
In the Magistrate’s Court, if there is a trial or a Newton hearing, defendants will be asked for £500 for a half-day hearing, £1,000 for the first full day, and £500 for each following day.
For more serious offences that are sent to Royal Court, the cost requests are due to start at £600 for the simplest of cases (guilty pleas with no more than two hearings). That rises to £1,000 for those who plead guilty but appear more than twice.
In Royal Court trials, those who are found guilty could pay £1,200 for a half-day trial or Newton hearing, £1,500 for the first full day, and £1,200 for each following day.
And if they appeal, defendants will be asked to pay £600 for an appeal against their sentence, and upwards of £1,500 for appeals against conviction.
All of these amounts are what the LOD has said it would apply for in front of the court. It is the court itself which decides whether a payment should be ordered.
