Legal News

Justice Secretary Chris Grayling is working on plans to make failing to buy a TV Licence a non-criminal offence.

The move is intended to ease pressure on the criminal courts by making failure to have a TV licence a civil offence.

It is thought the proposals are backed by more than 100 MPs from all political parties – and Mr Grayling told The Telegraph that officials in Whitehall are currently carrying out “serious work” to prepare for a change in the law.

The current charge of failing to have a TV licence carries a fine of £1,000 and a criminal record. If the fine is not paid, those convicted could face prison. The proposal to change the offence to a civil offence has been initiated by Conservative MP Andrew Bridgen, who says that the law penalises those who are too poor to afford to pay for their TV licence.

Mr Bridgen has signed up 101 of his fellow MPs to the plan – although it is reported that Culture Secretary Maria Miller would prefer to implement any change in the law to coincide with forthcoming negotiations over the BBC’s charter.

The BBC has commented that removing the threat of jail or a criminal record for non-payment of the TV licence fee could encourage viewers not to buy a licence. The BBC is funded by TV licence revenue and any fall in this could result in further cuts to programme schedules, the corporation has warned. Last week, the BBC announced that BBC3 would become an online service to save money.

However, pressure on criminal courts and cuts in the Legal Aid budget, which funds cases involving criminal charges, are an ongoing concern for criminal barristers.

On Friday (07/03/14) members of the Criminal Bar Association staged another half-day strike to protest over cuts to Legal Aid. Criminal defence barristers are paid out of the Legal Aid budget – and people facing criminal charges are automatically eligible for Legal Aid to defend their cases.

Moving the offence of failing to buy a TV licence to the civil courts would relieve pressure on criminal courts. In 2013, a total of 180,000 people appeared before magistrates’ courts charged with non-payment of their TV licence. A total of 155,000 were convicted and fined for not buying the £145.50 annual licence.

The total number of those charged accounts for one-tenth of annual prosecutions in the criminal courts – and Mr Bridgen commented that it was “absurd” for the criminal courts to be “clogged up with such a minor offence”.

The change would be made via the Government Deregulation Bill. A fine for any new civil offence of non-payment of TV licence would be set by the government.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors are available 24/7 to advise on all criminal charges, including road traffic offences, theft and burglary, assault – and charges such as non-payment of TV licence and benefit fraud.

Duncan Lewis criminal solicitors have four offices in London and can be with you within 45 minutes – our crime lawyers regularly visit police stations, courts and prisons.

For expert advise on criminal charges and representation contact Duncan Lewis solicitors on 020 7923 4020.

For urgent advice on criminal charges and representation, call the Duncan Lewis crime team’s out-of-hours number 07920 077057.