Justice Secretary removes cap on fines handed down by magistrates

The Justice Secretary has put forward a series of amendments to the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill, including a measure that will allow magistrates to hand down much larger fines.

Under the proposed amendments, which will be debated in the House of Commons next week, the £5,000 cap on fines that can be issued by magistrates will be removed.

The changes will also make squatting in residential buildings a criminal offence, introduce the proposed ban on referral fees in personal injury cases, and provide stronger rights for people to use force to defend themselves from intruders in their homes.

Kenneth Clarke said removing the £5,000 cap would mean magistrates could use their discretion and set fines that are proportionate to the offences they are seeing.

On the issue of squatting, the Justice Secretary said: “Far too many people endure the misery, expense and incredible hassle of removing squatters from their property. Hard working homeowners need and deserve a justice system where their rights come first.

“Our commitment to this new offence will ensure the law is firmly on the side of the homeowner so that quick and decisive action can be taken.”

Clarke added that the ban on referral fees – together with changes to no-win no-fee arrangements – would reduce legal costs and speculative suing, “so that businesses, schools and individuals can be less fearful of unnecessary claims encouraged by those looking for profit rather than justice”.

If the measures are passed by vote in the House of Commons, they will be added to the LASPO Bill. The draft legislation’s existing measures include provisions to reduce legal aid and to introduce the Jackson reforms to litigation costs.