In the Queen’s Speech, delivered on May 18, 2016, the U.K. government announced it would be introducing the Prison and Courts Reform Bill. While much of the intended legislation deals with prison reform, the government is considering allowing some minor offenders to plead guilty to offences online and then pay the fine.
If enacted, it would apply only to minor offences where there is no possibility of jail time. These offences include minor driving charges, avoiding payment of fares and fishing without a licence. But if successful, the system could be broadened to include such offences as evading payment of a TV licence.
It is estimated if the proposal is brought in, about 900,000 people a year could plead guilty online and avoid having to go to court, thus freeing up magistrates’ time to hear more serious cases.
The minor offender could go on a website and find the amount of the fine for a particular offence. They could then, if they wished, indicate they are pleading guilty and then remit the scheduled fine. The entire process could be done in minutes with a couple of clicks of a mouse. Anyone who wants to plead not guilty would still have to go to court.
But critics say allowing people to plead guilty online amounts to “secret justice” and goes against the long established principle that justice must be seen to be done in order to be done. Malcolm Richardson, Chairman of the Magistrates’ Association. saidsaid someone staring at a computer screen and clicking a button does not fulfil that principle. Richardson also said under the electronic process, individual circumstances of the offender cannot be taken into account.
According to the Magistrates’ Association, allowing people to be convicted and pay a fine without the necessity of a judicial officer in open court “would lower public confidence in the criminal justice system.” There is also a fear if the online process proves to be successful, the government would want to expand its use for more serious offences.
A spokesman for the Ministry of Justice said it has received many constructive responses to the proposal and are analyzing and considering them and will continue to do so before making a final decision.
