Press Release: Decriminalise non-payment of BBC Licence fee, says Justice Secretary Robert Buckland
Decriminalise non-payment of BBC Licence fee, says Justice Secretary Robert Buckland
PRESS RELEASE – APPEAL – 10 December 2019
Following a series of controversies in recent years relating to the BBC’s private contractor’s aggressive approach to TV licensing prosecutions and the scrapping of the free TV licence for over 75s, Justice Secretary Robert Buckland has announced that the Conservatives might be looking into decriminalising non-payment of the £154.50 annual fee.
Over 70% of all those prosecuted for non-payment of the TV Licence are women. The BBC sought to investigate this gender imbalance, but its December 2017 Report fell short of being able to meaningfully explain how the disproportionality arises. Crucially, it did not provide insight into how decisions to prosecute are made, and how those with particular vulnerabilities, whether relating to caregiving responsibilities, health problems or severe financial hardship, are taken into account in this decision making process.
Many people convicted of this offence may not even be aware they are being prosecuted. In 2015, a new court mechanism known as the Single Justice Procedure was introduced, allowing individuals to plead online or by post, never appearing in court. Over 96% of TV licensing cases are processed using the Single Justice Procedure now, yet 80% of defendants do not enter any plea, meaning the TV licensing prosecutors proceed with the case without ever hearing a defence. This could result in multitudes of people having a criminal conviction without them ever knowing of it.
APPEAL, a charity and law practice that fights miscarriage of justice, believes that decriminalising non-payment of the tax is a crucial step in the right direction. It would protect vulnerable people, especially women, from prosecution and in some cases, imprisonment for debt.
Naima Sakande, Women’s Justice Advocate at APPEAL, commented:
‘Poverty is not a crime, and after years of tightened belts, many are deciding the TV licence fee is simply not an expense they can take on. We believe TV licence evasion should be decriminalised and are committed to ending the criminalisation of poverty.’
‘We know that prosecution for non-payment of a TV Licence unfairly affects women and the burden of a struggling BBC in the age of many competing television streaming services must not be borne by women and vulnerable members of our society. ‘
‘If the payment of TV Licences cannot be enforced without resorting to disproportionate tactics that ignore vulnerability and promote gender inequality in the law, it is clear that the regime is due a rethink.’
Notes to editors
- APPEAL is a law charity that fights miscarriages of justice and demands reform of our justice system: http://appeal.org.uk/
- The BBC’s TV Licensing Prosecution Policy can be seen here: https://www.tvlicensing.co.uk/ss/Satellite?blobcol=urldata&blobheadername1=content-type&blobheadervalue1=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1370006509986&ssbinary=true
- The BBC’s TV Licensing Vulnerability Policy can be seen here: https://www.tvlicensing.co.uk/ss/Satellite?blobcol=urldata&blobheadername1=content-type&blobheadervalue1=application%2Fpdf&blobkey=id&blobtable=MungoBlobs&blobwhere=1370006520895&ssbinary=true
- Responses to Written Parliamentary Questions asked by Barry Sheerman MP to Ministry of Justice relating to TV licensing prosecutions and Single Justice Procedure can be found here: https://www.parliament.uk/business/publications/written-questions-answers-statements/written-questions-answers/?page=1&max=20&questiontype=AllQuestions&house=commons%2Clords&member=411&dept=54
- Contact – Naima Sakande at naima@appeal.org.uk on 0203 559 6374