Comment: Government announces consultation into decriminalizing the TV licence fee

PRESS RELEASE – APPEAL – 5th February 2020

The government today announced a consultation into the decriminalisation of TV licence fee non-payment, the second inquiry into whether non-payment should involve criminal sanctions in the last five years.

The punishment has long been disproportionately enforced, with far more women bearing the burden of prosecution and conviction than men. In 2018, 72% of all prosecutions for TV licence fee evasion were against women, despite women making up only half of licence holders. TV licence prosecutions account for 30% of all female prosecutions, making it the most common offence for which women are being taken to court. Non-payment of the fine can result in imprisonment.

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.

More troubling still, 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. With countless reports of these Single Justice Procedure notices getting lost in the post or sent to the wrong address, this could result in multitudes of people having a criminal conviction without them ever knowing of it.

Campaigners believe this is a step in the right direction. They believe this change will protect vulnerable people, especially women, from prosecution and in some cases, imprisonment for debt.

Naïma Sakande, Women’s Justice Advocate at the law charity APPEAL said:

“Poverty is not a crime but for years women have been disproportionately bearing the burden of successive governments treating it as such. While the fee funds an important part of our media landscape, it cannot be right that non-payment of this household bill is treated differently from all other expenses. Criminal sanctions for this are sexist, outdated and unhelpful. These measures have no place in a modern system of justice.”

Kate Paradine, Chief Executive of Women in Prison said:

“It is ludicrous and shameful that in 2020 we are discussing the use of prison to punish debt.  The fact that the vast majority of those prosecuted for non-payment of TV licences are women just adds to the absurdity and injustice. The Government needs to end this scandal immediately and get on with sorting out the crisis in our prisons, start building support services in our communities and tell us their plan to address root causes of offending, including poverty. Those in power have fiddled while Rome burns for long enough.”

Ends

Notes to editors:

COMStv licensing, end imprisonment for debt, poverty is not a crime