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Cannabis Campaigners' Guide News Database result:
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UK: Magistrates brand new fine surcharge immoral
Cambridge Evening News
Tuesday 10 Apr 2007 REBEL magistrate Alan Williams flouted Government regulations when he called new laws "morally wrong" and refused to impose a surcharge on a fine. Ely magistrates fined a 19-year-old man who pleaded guilty to possessing a small amount of cannabis, but deliberately did not impose the £15 victim surcharge which must now be levied on all fines for criminal offences. The Government says it introduced the surcharge, which applies to all offences committed since April 1, to help tip the balance of the justice system in favour of the victim. The scheme is expected to raise £16 million a year to fund support for victims of crime, particularly victims of domestic violence. But motorists' groups have called the surcharge a stealth tax. They point out that while speeding drivers who are fined in court will have to pay the charge, murderers and rapists who are jailed will not. And presiding magistrate Mr Williams was in no mood meekly to follow orders from on high. He made it clear that the decision of the three-person bench was not unanimous, but then tore into the new law. Mr Williams said: "Magistrates were not informed directly of the introduction of the surcharge. "The court on this occasion is not going to impose the £15 surcharge. We do so in the full knowledge of the advice given. We know that the bench will be reported to the Clerk of the Justices. "We feel the surcharge is morally wrong and may be in contravention of aspects of law. "This is the decision of this bench alone - it is not the policy of the East Cambridgeshire bench." Mr Williams added that the bench would not impose the surcharge in any other relevant cases coming before them that day. Before Mr Williams's unusual statement to the court, Raymond Cole had pleaded guilty to possession of cannabis. A police officer had found Cole parked in a layby with friends on the old A10 in Littleport and discovered a small quantity of cannabis when he searched the car, the court heard. Cole, of Ely Road, Littleport, was ordered to pay a fine of £150, plus costs of £43. A spokeswoman at the Judicial Communications Office, which reports to the Lord Chief Justice, said there was a duty to impose the charge and that the chairman of the East Cambridgeshire bench had already asked Mr Williams for an explanation. She added that Mr Williams could be removed as a magistrate, depending on the result of investigations. http://www.cambridge-news.co.uk/ Posted by The Legalise Cannabis Alliance http://www.lca-uk.org
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