A LONG-SERVING magistrate has quit the bench because of what she claims is an unfair surcharge levied on offenders, reports Michaela Robinson-Tate.

Judith Johnson, of Cartmel, became one of a number of magistrates nationally to step down over the issue of the so-called victim surcharge'.

Mrs Johnson had sat on the Furness and District Bench at Barrow since 1993, and was expecting to continue for a number of years.

She said that the Government had brought in the measure from April 1 with little accompanying information for magistrates, who are now required to impose a £15 surcharge on anyone given a fine in court.

Mrs Johnson said: "The people who are going to pay this surcharge are only going to be the people who are fined.

"If somebody is fined for a speeding charge, or possession of cannabis, they pay the surcharge.

"If somebody assaults somebody - an unprovoked assault - and gets a community penalty, they don't get a fine and don't pay the surcharge.

"To my mind, that's unjust, unfair, and it's something I cannot go along with."

Mrs Johnson said that when she took an oath to become a magistrate, she pledged to be fair with all people, and therefore it was a matter of conscience that she could not support the surcharge.

She also pointed out that the surcharge was payable before the fine. When imposing fines, magistrates are asked to take into account the person's ability to pay.

Under the new system, if a magistrate believes that an offender can only afford to pay the £15 surcharge, he or she will not be able to impose a fine as well.

However, if someone is not fined, the surcharge will not be applicable. Mrs Johnson said this could result in someone not being punished for an offence.

The surcharge also applied in youth court, she said, where offenders often had even less money.

Mrs Johnson said she understood the money raised was to be used to train people to counsel victims of domestic violence. She agreed with such a scheme, but said that it should be funded through taxation.

Mrs Johnson said that she had been chairman of the youth panel, had served on the training and development committee, and was a member of the advisory committee that suggested prospective magistrates. She had found the work very rewarding.

The Home Office said it would not comment on individual resignations, but issued a statement.

"The victim must be at the heart of the criminal justice system. If we do not ensure that their requirements are central, the system is surely unbalanced in favour of the offender.

"Parliament has considered and passed this legislation after consultation with a broad diversity of stakeholders, including magistrates.

"In a full year we hope that around £16 million will be raised for victims, helping them come to terms with their injuries and rebuild their lives."